(The Chennai Metropolitan
Water Supply and Sewerage (Second Amendment)Act,1997)

(For Statement of
Objects and Reasons see Part IV - Section 1 of the Tamil Nadu Government
Gazette Extraordinary, dated the 10th January 1978, page 196; For Act see
Part IV – Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated
the 14th June 1978 pages 269-341).

(Received the assent
of the President on the 8th June 1978, first published in the Tamil Nadu
Government Gazette Extra-ordinary on the 14th June 1978).

ARRANGEMENT
OF SECTIONS

CHAPTER 1PRELIMINARY

SECTIONS :

1. Short title and
commencement2. Definitions

CHAPTER II

Establishment of the
Board and its power and functions.3. Establishment of the
Board.4. Constitution of the
Board.5. Functions of the Board.6. Powers of the Board.7. Power of Board to
call for information.8. Board to be exempted
from sales tax and treated like Government for certain other taxes.9. Compulsory acquisition
of land, etc.

CHAPTER IIIDirectors, Committees
and Employees

10. Managing Director11. Finance and Engineering
Directors12. Terms and conditions
of service of whole time directors.13. Non-official directors.14. Disqualification for
appointment as director of the Board15. Removal of directors.16. Resignation and temporary
absence of directors.17. Committees18. Meetings of the Board
and the Committees.19. Appointment of officers
and other employees.20. Appointment of employees
of local authorities.21. Common service cadre.22. Delegation of powers.23. Indemnity of certain
directors and bar to proceedings.24. Defects not to invalidate
acts.

CHAPTER IV

Establishment, Transfer
and vesting of Water Supply and Sewerage Services.

25. Local Authority
to furnish information to Board prior to notified date.26. Vesting of water supply
and sewerage services in the Board.27. Provision for continuance
of works in progress.28. Duty to transfer assets,
etc., to Board.29. Settlement of disputes.30. Continuance of existing
provisions, contracts, obligations, legal proceedings, etc.

CHAPTER VFinance, Accounts and
Audit.

31. Board’s fund.32. Power of the Board
to borrow and lend.33. Form, signature, exchange,
transfer and effect of debentures.34. Taxes leviable by
the Board.35. Assessment of annual
value.36. Restriction on the
levy of taxes.37. Budget.38. Balance sheet and
income and expenditure account.39. Audit.40. Previous sanction
of Government for certain schemes, plans and works.41. Power to write off
irrecoverable amounts.

CHAPTER VIWater Supply and Sewerage

WATER SUPPLY42. Water supply system.43. Supply of water to
public authorities and payment therefor.44. Payments for water
supplied under the Act and non-liability of the Board.45. Water connections
for domestic consumption and use.46. Control over house
and other connections.47. Calculation of charges
for water supplies.48. Prevention of wastage
of water.49. Power to cut off water
supply.50. Control over wells,
etc.51. Control over use,
etc., of under ground water in certain cases.

52. Power to order
cleansing of insanitary private watercourse spring, tank, well, etc.,used for drinking.53. Prohibition of building
over water mains.54. Prevention of pollution,
etc.

Sewerage

55. Sewerage system.56. Sewerage connections.57. Power to provide sewers
in combination.58. Powers to close or
limit the use of existing private sewers.59. Control over house
sewers, privies and cess-pools.60. Closure, removal,
etc., of works in certain cases.61. Sewers, etc., to
conform to regulations.

General

62. Obligations of
owner and occupier.63. Board’s power to
carry pipes, sewers etc. and to maintain works.64. Works beyond the Chennai
Metropolitan Area.65. Vesting of materials
in pipes, sewers, etc., and Board’s power to dispose of same.66. Power to carry out
works, remove encroachments, sell unclaimed materials, etc.67. Power to enter upon
land, etc., and to place and maintain mains, etc.68. Works to be done by
licensed plumber.69. Prohibition of certain
acts.

CHAPTER VIITribunal, Appeals and
Revision

70. Constitution of
Tribunal.71. Appeals.72. When appeals can be
heard and finality of rates, etc.73. Revision.

CHAPTER VIIIMiscellaneous

SECTIONS

74. Board’s dues to
be recovered as arrears of land revenue.75. Duties of authorities,
etc., to assist the Board.76. Directors, etc., to
be deemed public servants.77. Offenses and penalties.78. Offenses by companies.79. Powers to remove difficulties.80. Power to make rules.81. Power to make regulations.82. Application of certain
provisions of Tamil Nadu Act 4 of 1971.83. Application of certain
provisions of Tamil Nadu Act III of 1939.84. Effect of other laws.85. Amendments to other
enactments and savings.86. Service how to be
effected.87. Application of Act
on extension of Chennai Metropolitan Area.88. Rules and notifications
to be placed before the Legislature.

THE SCHEDULE

An Act to provide for
the constitution of the Chennai Metropolitan Water Supply and Sewerage Board,
for exclusively attending to the growing needs of and for planned development
and appropriate regulation of water supply and sewerage services in the Chennai
Metropolitan Area with particular reference to the protection of public health
and for all matters connected therewith or incidental thereto.

BE it enacted by the
Legislature of the State of Tamil Nadu in the Twenty-ninth Year of the Republic
of India as follows :-

CHAPTER 1

PRELIMINARY

1. Short title and
commencement - (I) This Act may be called the Chennai Metropolitan Water Supply
and Sewerage Act, 1978 and (ii) The Chennai Metropolitan Water Supply and
Sewerage (Second Amendment)Act,1997

(2) It shall come
into force on such date as the Government may, by notification, appoint:
and different dates may be appointed for different areas and for different
provisions of this Act.

2. Definitions – In
this Act, unless the context otherwise requires -

a. "authorised authority"
in relation to any power to be exercised or function to be performed under
any provision of this Act means any committee, director, officer or other
employee of the Board to whom such power or function has been delegated under
section 22;

b. "Board" means the
Chennai Metropolitan Water Supply and Sewerage Board established under section
3;

c. "director" means
the director of the Board and includes its Chairman and Managing Director;

d. "drain" includes
a tunnel, pipe, ditch, gutter or channel or any cistern, flush-tank, septic
tank, cess pool, or other device for carrying off or treating or disposing
sewage, sullage, offensive matter, polluted water, waste water or sub-soil
water, and also includes any culvert, ventilator, shaft or pipe or other appliances
or fittings connected with such drain, and any ejector, compressed air mains,
sealed sewage mains and special machinery or apparatus for arising, collecting,
expelling or removing sewage, sullage or offensive matter from any place;
but does not include a rain or storm water drain or a water table constructed
by the side of the road kerb or a chute leading from such water table to
a side drain exclusively meant to drain away rain water on the road.

(e) "existing authority"
includes -

i) a local authority
having jurisdiction over the Chennai Metropolitan Area or part thereof; andii) the Government;

(f) "local authority"
means -

(i) the Municipal
Corporation of Chennai or(ii) a municipal council,
constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil
Nadu Act V of 1920) or a panchayat union council or a panchayat constituted
under the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958); or(iii) a township committee
constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil
Nadu Act V of 1920) or the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act
XXXV of 1958) or under any other law for the time being in force; or(iv) the Tamil Nadu State
Housing Board constituted under section 3 of the Tamil Nadu State Housing
Board Act, 1961 (Tamil Nadu Act 17 of 1961) (hereinafter referred to as the
Tamil Nadu State Housing Board); or(v) the Tamil Nadu Water
Supply and Drainage Board constituted under section 4 of the Tamil Nadu Water
Supply and Drainage Board Act, 1970 (Tamil Nadu Act 4 of 1971) (hereinafter
referred to as the Tamil Nadu Water Supply and Drainage Board); or(vi) the Tamil Nadu Slum
Clearance Board established under section 34 of the Tamil Nadu Slum Areas
(Improvement and Clearance) Act, 1971 (Tamil Nadu Act 11 of 1971) (hereinafter
referred to as the Tamil Nadu Slum Clearance Board); or(vii) the Chennai Metropolitan
Development Authority established under section 9-A of the Tamil Nadu Town
and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972) (hereinafter referred
to as the Chennai Metropolitan Development Authority);

(g) "Government" means
the State Government;

(h) "Chennai Metropolitan
Area" means the Chennai Metropolitan Planning Area as defined in clause (23-a)
of section 2 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil
Nadu Act 35 of 1972);

(i) "notified date"
in relation to any local authority means the date notified under sub-section
(1) of section 26 in respect of that local authority;

(j) "occupier" includes
-

(i) any person for
the time being paying or liable to pay to the owner, the rent or any portion
of the rent of land or building or part of the same in respect of which the
word is used or damages on account of the occupation of such land, or building
or part thereof; and

(ii) a rent-free occupant.

(k) "owner" includes
-

a. the person for
the time being receiving or entitled to receive, whether on his own account
or as agent, trustee, guardian, manager or receiver or for any religious or
charitable purpose, the rents or profits of the property in connection with
which the word is used.

b. the person for
the time being in charge of the animal in connection with which the word
is used;

(l) "prescribed" means
prescribed by regulations made by the Board.

(m) "regulations"
means regulations made under this Act;

(n) "sewage" means
night-soil and other contents of water closets, latrines, privies, cesspools
or drains and polluted water from shafts, kitchens, bathrooms, stables, cattle-sheds
and other like places, and includes trade effluent;

(o) "sewer" means
any device for carrying off sewage, sullage, offensive matter, polluted water,
waste water, or sub-soil water and includes a drain;

(p) "sewerage" means
a system of sewers for collection, treatment or disposal of sewage and includes
sewerage works;

(q) "sewerage works"
includes any sewer channel, duct, collection or treatment or disposal units,
pumping station, engine, mobile collecting unit, and other machinery and any
adjacent land not being private property and any land, building or other
things for collection or treatment or disposal of sewage;

(r) "trade effluent"
includes any liquid gaseous or solid substance which is wholly or in part
produced or discharged from any premises used for carrying on any trade or
industry including agriculture and horticulture but does not include domestic
sewage;

(t) "water supply"
means a system of providing water to a community for meeting its requirement
for drinking and other domestic uses, industrial, recreational and other public
uses except for purposes of irrigation and generation of hydel power;

(u) "water works"
includes any source of water supply like stream, lake, spring, river or canal,
well, reservoir, cistern and tank dug well, bore well, dug-cum-bore well,
tube well, filter points and infiltration galleries, any channel, duct, whether
covered or open, desalination plants, treatment units, sluice supply main,
culvert, bridge, engine, water tank hydrants, stand-pipe or post, conduit
and machinery and any adjacent land not being private property and any land,
building or other things for supplying water or for protecting source of
water supply or for treatment of water;

(v) "year" means the
financial year.

CHAPTER II

ESTABLISHMENT OF THE
BOARD AND ITS POWERS ANDFUNCTIONS

3. Establishment of
the Board - (1) With effect from such date as the Government may, by notification,
appoint in this behalf, there shall be established a Board by the name Chennai
Metropolitan Water Supply and Sewerage Board.

The Board shall be a body
corporate having perpetual succession and a common seal and shall by the
said name, sue and be sued.

4. Constitution of the
Board. - The Board shall consist of the following directors, namely:-

the Minister in-charge
of the Department dealing with the subject "water supply" who shall be the
Chairman of the Board, Ex-Officio

the Secretary to Government
in charge of the department dealing with the subject "Water Supply", Ex-Officio
:

(b) the Secretary to Government
in charge of the Finance Department, ex-officio;(c) the Member-Secretary
of the Chennai Metropolitan Development. Authority established under section
9-A of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act
35 of 1972), ex-officio;(d) the Commissioner.
Municipal Corporation of Chennai ex-officio.

(e) six non-official directors
nominated by the Government, of whom –i. one shall be a woman;ii. one shall be a person
to represent the interests of the general public;iii. one shall be a person
who is experienced in Government or commercial accounts and is qualified
as a Chartered Accountant within the meaning of the Chartered Accountants
Act, 1949 (Central Act XXXVIII of 1949), or a Cost Accountant within the
meaning of the Cost and Works Accountants Act, 1959 Central Act 23 of 1959);

iv. one shall be an
experienced public health or water works engineer; and

v. two shall be persons
to represent major industrial or Commercial organisations in the Chennai Metropolitan
Area;

g. the Chairman of
the Board, if any, appointed under Sub-section (1)of Section 4-A

h. a Technical Director
nominated by the Government in consultation with the Board;

(Notwithstanding anything
contained in the principal Act, the non-official Technical Director of the
Chennai Metropolitan Water supply and Sewerage Board appointed by the State
Government under sub-clause (iv) of clause (e) of section 4 and section 13
of the principal Act on the Ist day of March 1977 shall be deemed to have
been nominated by the State Government as a Technical Director under the
Principal Act, as amended by Sections 2 and 3 of this Act, and anything done
or any action taken by such non-official Technical Director on or after the
Ist day of March 1977 and before the date of publication of this Act in the
Tamil Nadu Government Gazette, shall for all purposes, be deemed to be, and
to have always been validly done or taken in accordance with law as if the
principal Act as amended by this Act had been in force at all materials times
and shall not be liable to be questioned in any court of law)

4-A Appointment of Chairman of the Board in Special circumstances.

(1)Notwithstanding anything contained in Section-4, the Government
may, if they think fit so to do in the public interest, by notification,
appoint a non-official or an officer of the State Government not below the
rank of a Secretary to Government as the Chairman of the Board.

5. Functions of the
Board. – (1) The Board shall perform all, or any of the following functions,
namely :-

a. promoting or securing
the planned development, efficient operation, maintenance and regulation of
water supply and sewerage system in the Chennai Metropolitan Area;

b. preparing long
term plans to meet the future requirements of water supply and sewerage in
the Chennai Metropolitan Area, based on estimates of demand, surveys on availabilities
and usage of water and other relevant matters and periodically reviewing,
revising and bringing up-to-date such plans;

c. undertaking developmental
activities with a view to meet the future requirements of water supply and
sewerage in the Chennai Metropolitan Area;

d. operating and maintaining
the water supply and sewerage services in the Chennai Metropolitan Area to
the best advantage of the inhabitants of that area;

e. such functions
relating to water supply or sewerage as the Government may, by notification,
entrust to the Board provided that such entrustment shall be with the Board’s
concurrence, if it does not relate to anything to be done in respect of the
Chennai Metropolitan Area;

f. any other matter
which is supplemental, incidental or consequential to any of the above functions;
and

g. such other functions
as may be entrusted to the Board by or under any other law for the time being
in force.

2. In the discharge
of its functions the Board shall -

a. have due regard
to public health, safety and convenience of the public;

b. consult and collaborate
with the Chennai Metropolitan Development Authority in regard to planning
and undertaking development activities connected with the water supply and
sewerage systems for the Chennai Metropolitan Area and extend full assistance
to and co-operate with the local authority in relation to matters connected
with water supply systems or water works or sewerage works or road works
or similar works.

c. be guided by such
instructions on questions of policy involving public interest as may be given
to it by the Government and in case of any difference of opinion as to whether
a question is or is not a question of policy involving public interest, the
decision of the Government thereon shall be final.

3. Subject to the
provisions of this Act, the Board shall exercise all powers, perform all
functions and carry out duties in respect of water supply and sewerage systems
in the Chennai Metropolitan Area to the exclusion of any department of the
Government or any other existing authority.

4. The Board shall
endeavour to be financially self-supporting, and shall for this purpose so
conduct its affairs that its income is adequate to meet all its outgoings,
provisions for or allocations towards future obligations and costs.

5. The Board shall
furnish from time to time to the Government such returns and information as
the Government may require.

6. Powers of the Board
- (1) The Board shall, subject to the provisions of this Act, have the power
to do anything which may be necessary or expedient for the purpose of carrying
out its functions and duties under this Act.

(2) Without prejudice
to the generality of the foregoing provision, the Board shall have power -

i. to take over all
existing responsibilities, powers, controls, facilities, services and administration
relating to water supply and sewerage in or for the Chennai Metropolitan Area;

ii. to enlarge, improve
or develop existing facilities and to construct and operate new facilities
for water supply and sewerage in or for the Chennai Metropolitan Area;

iii. to prepare schemes
for water-supply and sewerage (including abstraction of water from any natural
source and the disposal of waste and polluted water) in or for the Chennai
Metropolitan Area;

iv. to regulate the
construction, maintenance and repairs of wells, tanks and ponds and the drilling
of tube wells, whether public or private, in the Chennai Metropolitan Area;

v. to control extraction,
conservation and use of underground water in the Chennai Metropolitan Area;

vi. to prevent pollution
of any water including any water sources, water course or channel utilised
for the purpose of the Chennai Metropolitan Area.

vii. to prescribe
the manner of treatment of trade effluents before discharge thereof and to
regulate the discharge thereof into any sewer canal, river or other water
channel utilised for the purpose of the Chennai Metropolitan Area;

viii. to conduct research,
experiment and survey and to do all things necessary for that purpose;

ix. to enter into
contracts, agreements or arrangements with any person, firm or organisation;

x. to acquire, hold
and dispose of property, movable or immovable;

xi. to prepare and
adopt its annual accounts and budgets;

xii to determine,
levy and collect taxes, rates, fees, charges, surcharges, rents and costs
and expenses authorised under this Act.,

(xii-a) to collect infrastructure development charges from the applicant,
builder or developer of such multi-storeyed building or special building as
may be prescribed, for the provision of adequate water supply or sewerage.

xiii to borrow money,
issue debentures and manage its funds, including the power to mortgage, hypothecate,
or pledge any of its assets;

xiv. to incur expenditure
and to grant loans and advances as it may deem necessary and to recover the
principal and interest thereon on such terms and conditions as it may specify;
and

xv. to do all things
necessary for the purpose of carrying out the provisions of this Act.

7. Power of Board
to call for information – The Board may, for the purposes of carrying out
the provisions of this Act, by notice require any person to furnish such information
in his possession relating to water supply and sewerage systems, and shall
act as a centre for the collection and exchange of information on such matters,
in order to facilitate the preparation of studies, scheme or plans and the
development of policies which promote the purposes of this Act.

8. Board to be exempted
from sales tax and treated like Government for certain other taxes - 1.The
Board shall be exempted from tax under any law relating to sales tax for the
time being in force, in respect of water supply and sewerage services rendered
by it.

2. Where under any
law relating to municipal corporation, municipality, township, panchayat or
planning or development authority, the Board and its properties and assets
are subject to the levy of any tax, rate, charge, cess fee, betterment levy
or development charge, the rate or amount of such levy shall be the same
as that applicable to the properties belonging to the Government or any local
authority.

9. Compulsory acquisition
of land, etc. – Any land or any interest therein required by the Board for
the purposes of this Act shall be deemed to be needed for a public purpose
within the meaning of the Land Acquisition Act, 1894 (Central Act I of 1894).

CHAPTER III

DIRECTORS, COMMITTEES
AND EMPLOYEES OF THE BOARD

10. Managing Director
- 1. The Managing Director shall be a person who has special knowledge or
practical experience in respect of matters relating to water supply and sewerage,
or has sufficient experience in administrative matters and arrangements.

2. The appointment
of the Managing Director shall be for such period not less than three years
as the Government may determine and the person appointed shall be eligible
for reappointment.

3. The Managing Director
shall be the Chief Executive Authority of the Board and shall be in charge
of the day-to-day administration of the Board and shall exercise supervision
and control over the employees of the Board.

4. With the approval
of the Board, the Managing Director may delegate to any officer of the Board
any of his functions and powers except those delegated to him under section
22.

11. Finance and Engineering
Directors - (1) The Finance Director shall be a person having practical experience
in financial administration and in matters relating to finance and accounts,
and the Engineering Director shall be a person qualified in engineering having
experience in water supply and sewerage systems.

The Finance Director and
the Engineering Director shall hold office until the age of superannuation
applicable under, or until their services are terminated pursuant to the terms
and conditions determined under section 12.

11-A. Term of office and conditions
of service of the Chairman – The term of office and the terms and conditions
of service of the Non-official Chairman appointed under Section-4-A and the
manner of filling casual vacancies in the office of the Non-official Chairman
shall be such as may be prescribed.

Terms and conditions of
service of whole time directors - The remuneration and other terms and conditions
of service of the Managing Director, Finance Director and Engineering Director,
shall be, such as may be determined by the Government in the case of first
appointment and in the case of subsequent appointments shall be such as may
be prescribed by the Board with the approval of the Government.

12-A Technical Director- The
Technical Director shall be a person of proven experience and knowledge on
water and sewerage service and who shall represent the Central or State Government
or of a Local Authority or of a Corporation company owned or controlled by
the Central or State Government and shall office for such period and subject
to such terms and conditions may be prescribed by the Government.

13. Non-official directors
- (1) The term of office of non-official directors shall be two years.

Provided that such directors
shall continue to hold office until the successors are nominated and assume
office.

2. Non-official directors
shall be paid such fees and allowances as may be prescribed for attending
the meetings of the Board or of any of its committees and for attending to
any other work of the Board.

14.Disqualifications
for appointment as Non-Official Chairman or Director of the Board.

(1) No person shall
be eligible for being appointed as Non-Official Chairman or as wholetime
Director or nominated as a non-official director if he -

a. has been removed
or dismissed from the service of the Central or State Government or of a
local authority or of a Corporation or Company owned or controlled by the
Central or State Government, or

b. is or at any time
has been adjudicated as an insolvent or has suspended payment of his debts
or has compounded with his creditors; or

c. is of unsound mind
and stands so declared by a competent court; or

d. has been convicted
of any offence, which in the opinion of the Government involves moral turpitude;
or

e. in the case of
nomination as a non-official Chairman or nomination as a Non-Official Director,
is an employee of the Board or of the Central or State Government or of a
local authority or of a corporation or company owned or controlled by the
Central or State Government; or

f. having directly
or indirectly, by himself or by any partner any share or interest in any subsisting
contract made with, or any work being done for the Board; or

g. is a Director or
a Secretary, Manager or other Officer of any incorporated company which has
any share or interest in any subsisting contract made with, or any work
being done for, the board.

2. If the Non-Official
Chairman or whole time Director or non-official director -

a. becomes subject
to any of the disqualifications mentioned in clauses (a) to (g) of sub-section
(1), orb. is absent without leave
of the Board for more than three consecutive meetings thereof,he shall cease to be such
Chairman or director or non-official director.

(3) A person shall
not be disqualified under clause (f) or clause (g) of sub-section (1) or be
deemed to have any share or interest in any contract within the meaning of
those clauses, by reason only of his or his partner of the incorporated company
of which he is a Director, Secretary, Manager, or other Officer, having a
share or interest in-(i) any sale, purchase,
lease, or exchange of immovable property or any agreement for the same;(ii) any agreement for
the loan of money or any security for the payment of money only;(iii) any newspaper in
which any advertisement relating to the affairs of the Board is inserted;(iv) the occasional sale
to the Board, if the sum paid as consideration does not exceed two thousand
rupees in any one year of any article in which he or his partner of the incorporated
company regularly trades.(4) A person shall not
also be disqualified under clause (f) or clause (g) of sub-section (1) or
be deemed to have any share or interest in any contract with, by on behalf
of, the Board, by reason only of his being a shareholder of such company:Provided that such person
shall disclose to the Government, the nature and extent of the shares held
by him.15. Removal of Non-Official
Chairman and Directors.- (1) If at any time, it appears to the Government
that a whole time Director is unsuitable for such office, or has been guilty
of any misconduct or neglect which renders his removal expedient, they may,
by notification, remove him from office after giving him a reasonable opportunity
of showing cause.(2) The Government, may
by notification, remove non-official Chairman or any Non-Official Director
after giving him a reasonable opportunity of showing cause-(a) if he, being a legal
practitioner acts or appears on behalf of any person other than the Board
in any civil, criminal or other legal proceedings in which the Board is interested
either as a party or otherwise, or(b) if he, in the opinion
of the Government, is unsuitable or has become incapable of acting as Chairman
or Director or has been guilty of any misconduct or neglect or has so abused
his position as a Director as to render his continuance as such Chairman
or Director detrimental to the interests of the Board.(3) A non-official Chairman
or a Non-Official Director removed under the provision of clause (a) of sub-section
(2) shall, unless otherwise directed by the Government, be disqualified for
appointment as the Chairman or a Director for a period of three years from
the date of such removal.(4) A non-official Chairman
or Non-Official Director removed under clause (b) of sub-section (2) shall
hot be eligible for reappointment until he is declared by an order of the
Government to be no longer as ineligible.(16) Resignation and temporary
absence of directors- (1) Any director may resign his office, by giving notice
in writing to the Government and the Director giving such notice of the resignation
shall, on notification by the Government, be deemed to have vacated his office
on and from the date on which the resignation is so notified.(2) If any whole-time
Director is on account of illness or otherwise rendered temporarily incapable
of carrying out his duties or is absent on leave or otherwise, in circumstances
not involving the vacation of his office, the Government may authorise any
other whole-time director to discharge the duties of such director in addition
to his own.17. Committees.- (1) There
shall be established the following committees, namely-(a) "Public Relation Committee"
consisting of the Chairman of the Board, the Managing Director, the directors
referred to in clause (c),clause (d), clause (e), (I) and (ii) of section
4, and one of the two Directors referred to in clause (e) (v) if that section:(b) a "Tariff Committee"
consisting of the Chairman of the Board, the Managing Director, the Finance
Director, the Directors referred to in clause (b), clause (e), (ii) and (iii)
of section 4, one of the two Drectors referred to in clause (e) (v) of that
section and the head of the planning branch of the Board;(c) a "Tenders Committee"
consisting of the Managing Director, the Finance Director, the Engineering
Director, the Technical Director, the Executive Director and the Directors
referred to in clause (b) clause (e) (ii) and (iv) of section 4;(d) an "Employment Committee"
consisting of the Managing Director, the Finance Director, the Engineering
Director and the head of the personnel branch of the Board;(e) a "Management Committee"
consisting of the Managing Director, the Finance Director, the Engineering
Director and the heads of planning, personnel and materials branches of the
Board.(2) The Board may constitute,
as many other committees consisting wholly of Directors or wholly of other
persons or partly of Directors and partly of other persons for such purposes
as it may deem fit.18. Meetings of the Board
and the Committee.- (1) (a) The Board shall meet at least once in every three
months.(b) The Committee shall
meet at such times as may be prescribed.(2) The Chairman of the
Board and in his absence, the Managing Director, and in the absence of both,
the person chosen by the Directors present from among themselves, shall preside
at the meetings of the Board.(3) The meetings of the
Public Relations Committee and the Tariff Committee shall be presided over
by the Chairman of the Board and the meetings of the Tenders Committee, the
Employment Committee and the Management Committee shall be presided over
by the Managing Director.(4) The meetings of other
Committee shall be presided over by such Director as may be specified by
the Board.(5) In the absence of
the director who is to preside at meetings under sub-section (3) or sub-section
(4) the remaining members of the Committee concerned shall choose one among
themselves to preside at the meeting concerned.(6) The Board and the
Committee shall observe such rules of procedure in regard to the transaction
of business at meetings as may be prescribed.(7) All issues at any
meeting of the Board or any Committee shall be decided by a majority of the
votes of the Directors or the members of the Committee present and voting
and in the case of equality of votes, the person presiding shall have and
exercise a second or casting vote.(8) If for any reason
a Director referred to in clause (aa),clause (b), clause (c), or clause (d)
of section 4, is unable to attend any meeting of the Board or of any Committee,
the Government may, by order, in writing nominate an officer of the Government
or an officer of the Chennai Metropolitan Development Authority or an officer
of the Municipal Corporation of Chennai, as the case may be, to attend such
meetings and the officer so nominated shall, for purposes of this Act, be
deemed to be a Director.19. Appointment of officers
and other employees.- (1) The Board may appoint such officers and other employees
as it considers necessary for the efficient performance of its functions:Provided that the Board
shall not without previous approval of the Government, create any post the
maximum monthly salary of which exceeds two thousand five hundred rupees,
or appoint any person to any post the maximum monthly salary of which exceeds
two thousand rupees.(2) Without prejudice
to the provisions of sub-section (1), it shall be lawful for the Board to
utilise such employees of the Government or any local authority or other institution
on such terms and conditions as may be agreed upon between the Board and
the Government, or local authority, or institution, as the case may be.20. Appointment of employees
of local authorities.- (1) Subject to the provisions of sub-section (2),
every person, who immediately before the notified date, is an employee of
local authorities and who has been serving in connection with the water supply
or sewerage system maintained in respect of the Chennai Metropolitan Area
shall, as from that date be transferred to the service under the Board in
accordance with the provisions of this section.Provided that nothing
contained in this section shall apply to any employee of the Tamil Nadu State
Housing Board or the Tamil Nadu Slum Clearance Board or an employee of any
other existing authority who has, by notice, in writing intimated his intention
of not becoming an employee of the Board within a period of three months from
the notified date.(2) (a) For the purpose
of sub-section (1), the number of employees to be transferred to the service
of the Board shall not exceed the total number of employees of the existing
authority serving as on the first day of January 1977, in connection with
the water-supply or sewerage system maintained by such existing authority
for the Chennai Metropolitan Area.(b) If the number of
employees of an existing authority eligible for transfer under sub-section
(1) exceeds the total number referred to in clause (a) the existing authority
concerned shall determine the number of employees to be transferred so as
to confirm to such total number.(c) If there is any doubt
or dispute as to whether any employee has been serving in connection with
water-supply or sewerage service, as referred to in sub-section (1) or is
eligible for transfer to service under the Board, or has not been properly
excluded from the employees to be transferred, the matter shall be referred
to the Government whose decision thereon shall be final.(3) The Board may select
an employee of an existing authority to which sub-section (1) applies, for
appointment to the service of the Board if such employee has been serving
partly in connection with the water-supply or sewerage system maintained for
the Chennai Metropolitan Area:Provided that no such
appointment shall be made without the consent of the employee concerned.(4) An employee appointed
to the service of the Board under sub-section (2) or sub-section (3) shall-(a) cease to be an employee
of the existing authority concerned with effect from the date of his appointment
to the service of the Board;(b) become an employee
of the Board on such remuneration and other terms and conditions of service
as the Board may determine and such determination shall be final:Provided that the remuneration
and other terms and conditions of service of such an employee shall not be
varied by the Board to his disadvantage except with the previous approval
of the Government.

5. In respect of every
employee who is appointed to the service of the Board under sub-section (2)
or sub-section (3) the existing authority concerned shall transfer to the
Board the full amount on account of provident fund or other superannuation
fund, if any, lying to his credit with such authority on the date on which
such appointment takes effect and the period of service under the existing
authority of each such employee shall be taken into account in determining
the amount of pension or gratuity, if any, to which an employee may be entitled
on the termination of his service under the Board.

6. An existing authority
shall, in respect of employees appointed under sub-section (2) and sub-section
(3), credit to the Board such amounts as represent the cash equivalent of
any leave credited to or any length of service taken or required to be taken
into account by the Board for gratuity or pension of such employees and if
there is any dispute about the amounts, the matter shall be referred to the
Government whose decision thereon shall be final:

Provided that the
payment of the amount of such cash equivalent to the Board shall be in such
manner as may be agreed by Board, and shall be made in instalments or at
the time when the gratuity or pension becomes due.

7. Not withstanding
anything contained in any law relating to industrial disputes or any other
law, for the time being in force, no employee transferred or appointed in
the service of the Board under sub-section (2) or sub-section (3) shall be
entitled to any compensation under any such law by reason only of the termination
of his service under the existing authority and no claim for such compensation
shall be entertained by any court, tribunal or other authority.

8. No person who becomes
an employee of the Board under this section shall have any right or claim
against the Board in respect of his service prior to his becoming such employee
except as otherwise provided in this section.

21. Common service
cadre - Notwithstanding anything contained in any other provision of this
Act or in any other law, for the time being in force, or in any contract or
other instrument, the Board may, with the concurrence of the Tamil Nadu Water
Supply and Drainage Board establish common service cadres, and service conditions
for the staff employed by either Board and such staff shall be liable to
be posted or transferred to the service of either Board :

Provided that no employee
of an existing authority appointed to the service of the Board under section
20 shall be transferred or posted to the service of the Tamil Nadu Water Supply
and Drainage Board except with his consent.

22. Delegation of
powers - The Board may by general or special order delegate to any Committee
or to any director or to any officer or other employee of the Board, subject
to such conditions and limitations, if any, as may be specified, such of its
power and functions under this Act :

Provided that the
Board shall not delegate any of its powers and functions referred to in section
12, sub-section (2) of section 17 sub-section (2) of section 19 and section
21 and the power to make regulations under this Act.

23. Indemnity of certain,
Directors and bar to proceedings - (1) Every Non-official director shall be
indemnified against any losses and expenses incurred by him in or in relation
to, the discharge his duties except such as are caused by his own wilful
act or default.

2. No suit or other
proceeding shall be instituted against any director or member of any Committee
or officer or employee of the Board for anything in good faith done or intended
to be done in pursuance of this Act or any regulation or other instrument
made thereunder.

24. Defects not to
invalidate acts - (1) No act or proceeding of the Board or of any Committee
shall be questioned on the ground merely of the existence of any vacancy in
or defect in the constitution or reconstitution of, the Board or the Committee,
as the case may be.

2. All acts done by
any person acting in good faith as a director shall, notwithstanding that
he was disqualified to be a director or that there was any other defect in
his appointment, be deemed to be valid.

CHAPTER IV

ESTABLISHMENT, TRANSFER
AND VESTING OF WATERSUPPLY AND SEWERAGE SERVICES.

25. Local authority
to furnish information to Board prior to notified date - Immediately after
the establishment of the Board under section 3, every Local Authority shall,
furnish to the Board the following information and particulars :-

a. the description
and details of all properties to be transferred to the Board under this Act;

b. the particulars
of liabilities to be transferred to the Board under the provisions of this
Act;

c. the particulars
relating to existing contracts and other obligations involving on the Board
under the provisions of this Act;

d. the particulars
of all legal proceedings covered by section 30 to which the existing authority
is a party, pending on the date of establishment of the Board.

26. Vesting of water-supply
and sewerage services in the Board - (1) Subject to the other provisions contained
in this Act, all properties, assets and liabilities of an existing authority
relating to water supply and sewerage services exclusively for the Chennai
Metropolitan Area (including all works in progress and all water works and
sewerage works situated in or outside that Area and connected with the services
as aforesaid) shall stand transferred to, and vest in, the Board, with effect
from such date as the Government may, by notification, appoint :

Provided that different
dates may be notified -

i. for different existing
authorities,ii. for the vesting of
different properties, assets and liabilities of the existing authorities.

2. Where any water
works situate outside the Chennai Metropolitan Area is utilised partly for
water supply for that Area and partly for other areas or purposes, the Board
and the Government shall enter into an agreement not later than three months
from the date of coming into force of this Act specifying the nature and
extent of the Board’s control over such works, the quality and quantity of
water to be supplied for that Area and other matters connected therewith:

Provided that in the
absence of such agreement or until such time as such agreement is reached,
the Government shall be responsible for the continuance and maintenance of
the arrangements and works in existence on the date of coming into force of
this Act.

3. The assets relating
to water supply and sewerage services referred to in sub-section (1) shall
be deemed to include all rights, powers, authorities and privileges, and all
property, movable and immovable, including cash balances, deposits, funds
and investments and all other interests and rights in or arising out of such
property and all books, accounts and documents relating thereto as may be
in the possession or control of a local authority immediately before the
notified date; and the liabilities relating thereto shall be deemed to include
all debts, liabilities and obligations pertaining to such services.

4. If the notified
date in relation to the Municipal Corporation of Chennai is earlier than the
notified date in relation to the Government, the Government shall until the
later date and in respect of the water works situated outside but used exclusively
for the Chennai Metropolitan Area, be responsible for the continuance and
maintenance of the arrangements and works in existence on the former date.

27. Provision for
continuance of works in progress - (1) Notwithstanding the transfer of the
assets and liabilities of an existing authority to the Board under sub-section
(1) of section 26, the provisions of this section shall apply to works in
progress.

2. With effect from
the notified date applicable to the Municipal Corporation of Chennai, the
works in progress which are being executed or carried out by that Corporation
(excluding such works executed or carried out by the Tamil Nadu Water Supply
and Drainage Board, or for the benefit of the said Corporation) immediately
prior to that date, shall be taken over by the Board which shall be responsible
for the continuance and completion thereof from that date.

3. Works in progress
which are being executed or carried out by the Tamil Nadu Water Supply and
Drainage Board for any other existing authority immediately prior to the
notified date applicable to the existing authority concerned shall be continued
and completed by that Board -

a. on behalf of the
existing authority, if the assets and liabilities of that authority had not
been transferred to the Board under sub-section (1) of section 26; and

b. on behalf of the
Board, if such assets and liabilities had been so transferred to the Board.

4. In cases to which
sub-section (2) or sub-section (3) is not applicable, works in progress which
are being executed or carried out by an existing authority immediately prior
to the notified date applicable to that authority, the existing authority
shall be responsible for the continuance and completion thereof from that
date.

5. The existing authority
concerned shall be responsible for the satisfactory completion of the work
specified in sub-section (3) and sub-section (4) and shall be fully accountable
therefor and immediately after the completion of such work hand over to the
Board all properties and assets pertaining to such work.

6. Where an existing
authority continues to execute any work under this section, the Board shall
be entitled to exercise such powers of supervision over such work and all
matters connected therewith as it may deem necessary to safeguard its interests
and if the Board considers that the existing authority is carrying out such
work in a manner prejudicial to the interests of the Board or at an unduly
excessive cost, the Board may refer the matter to the Government for such
action as may be considered necessary in the circumstances.

Explanation - For
the purpose of this section and section 26, "works in progress" shall include
any work pertaining to water supply or sewerage services in or for the Chennai
Metropolitan Area which has actually commenced and is pending completion on
the relevant date applicable under section 26, but shall not include the
maintenance, alteration or repair of any work already completed or in use.

28. Duty to transfer
assets, etc., to Board - (1) Where any property or assets have been transferred
to and vested in Board under sub-section (1) of section 26, then -

a. every person, in
whose possession, custody or control any such property or assets may be, shall
deliver the property or assets to the Board forthwith except as otherwise
provided in section 27; and

b. any person who
on the notified date, has in his possession, custody or control any books,
documents or other paper relating to the water supply and sewerage services
referred to the sub-section (1) of section 26 shall be liable to account for
the same books, documents and papers to the Board, and shall deliver then
to the Board or to such person as the Board may direct.

2. It shall be lawful
for the Board to take all necessary steps for securing possession of all properties
and assets which has been transferred to and vested in it under this Act.

29. Settlement of
disputes - (1) All question relating to transfer and vesting of any asset
or property under sub-section (1) of section 26, including identification
and valuation of assets and liabilities and any financial arrangement shall
be determined.

a. in the case of
the Government, by agreement between the Government and the Board; and

b. in the case of
any other existing authority, by a committee consisting of a nominee of the
Board and of the existing authority concerned.

2. If the decision
of the committee on any question is not acceptable to the Board or the existing
authority concerned, the matter shall be referred to the Government whose
decision thereon shall be final.

3. The value determined
under this section shall entered in the books of the Board as the value on
the date of transfer.

a. any notification,
order, scheme, rule, by-law, form or notice made or issued, and any licence
or permission granted by any existing authority in so far as it relates to
water supply or sewerage service in or for the purpose of the Chennai Metropolitan
Area, shall continue in force and be deemed to have been made, issued or
granted under the provisions of this Act, unless and until it is superceded
by any notification, scheme, order, regulation, form or notice made or issued
or any licence or permission granted under this Act;

b. all obligations
and liabilities incurred, all contracts entered into, all matters and things
engaged to be done by, with, or for the existing authority, before the notified
date in connection with the water supply or sewerage service in or for the
purpose of the Chennai Metropolitan Area, shall be deemed to have been incurred,
entered into or engaged to be done by, with, or for the Board;

c. all suits, prosecutions,
appeals or other legal proceedings of whatever nature instituted or which
might have been instituted by or against an existing authority, in so far
as they relate to the assets and liabilities transferred to the Board under
section 26, may be continued or instituted by or against the Board :

Provided that nothing
contained in this clause shall apply to any such suit, prosecution, appeal
or other legal proceeding in respect of the levy collection or payment of
any rate, charge, cess or fee for any period prior to the notified date applicable
to the existing authority concerned.

CHAPTER VFINANCE, ACCOUNTS AND
AUDIT

31. Board’s fund -
(1) The Board shall have its own fund and all receipts of the Board shall
be credited thereto and all payments by the Board shall be made therefrom.

(2)All moneys belonging
to that fund may be deposited or invested -

i. In any scheduled
bank within the meaning of the Reserve Bank of India Act, 1934 (Central Act
II of 1934); or

ii. in any corresponding
new bank as defined in the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 (Central Act 5 of 1970); or

iii. in the State
Bank of India as defined in the State Bank of India Act, 1955 (Central Act
23 of 1955) or its subsidiary banks as defined in the State Bank of India
(Subsidiary Banks Act, 1959 (Central Act XXXVIII of 1959); or

iv. in such securities
as may be approved by the Government.

3. The Government
may, from time to time, make grants, subventions, or advance or loans to
the Board for the purposes of this Act on such terms and conditions as the
Government may determine.

4. The Board may accept
grants, subventions, donations and gifts from the Central or State Government
or a local authority, or any individual or body, whether incorporated or not,
for all or any of the purposes of this Act.

5. The Board may constitute
a sinking fund, depreciations reserve fund and other funds in such manner
and in such form as may be prescribed. Such funds shall be invested in such
manner as may be determined by the Board with the approval of the Government.

32. Power of the Board
to borrow and lend - (1) Subject to the provisions of this Act and the regulations
made thereunder and subject to such conditions as may be specified by the
Government by a general or a special order issued in this behalf by them
and with their previous approval, the Board may, from time to time, borrow
money required for the purposes of this Act by any one or more of the manners
specified below :-

a. raising loans from
any bank or other financial institutions or the Life Insurance Corporation
of India established under section 3 of the Life Insurance Corporation Act,
1956 (Central Act 31 of 1956); or

b. raising loans from
any corporation, owned or control by the Central or the State Government;
or

c. raising loans from
the public by issue of bonds, or debentures or stocks or otherwise in the
form and manner approved by the Government;

Provided that the
loans or amounts borrowed under this subsection shall be utilized only for
the specific purpose or purposes for which such loans or borrowings were
raised or made.

2. Subject to the
provisions of this Act and to such conditions and limitations as may be specified,
the Board may out of its funds grant loans and advances, on such terms and
conditions as it may determine to any local authority for any development
scheme.

3. The Government
may guarantee in such manner as they think fit, the repayment of the principal
and interest of any loan proposed to be raised by the Board under sub-section
(1):

Provided that the
Government shall, so long as any such guarantees are in force, lay before
both Houses of the Legislature in every year during the Budget session, a
statement of the guarantees, if any, given during the current year and an
up-to-date account of the total sums if any, which have been paid out of
the Consolidated Fund of the State by reason of any such guarantees or paid
into the said Fund towards re-payment of any money so paid out.

33. Form, signature,
exchange, transfer and effect of debentures :- (1) Whenever money is borrowed
by the Board on debentures, the debentures shall be in such form as the Board
may with the previous approval of the Government, specify.

2. All debentures
shall be signed by the Managing Director of the Board.

3. The holder of any
debenture in any form specified under sub-section (1) may obtain in exchange
therefor a debenture in any other form specified in the manner provided in
sub-section (1) and upon such terms as the Board may determine.

4. Every debenture
issued by the Board shall be transferable by endorsement, unless some other
mode of transfer is specified therein.

5. All coupons attached
to debentures issued by the Board shall bear the signature of the Managing
Director; and such signature may be engraved, lithographed or impressed by
any mechanical process.

34. Taxes leviable
by the Board - (1) For the purposes of this Act, the Board shall levy on premises
situated within its area -

a. a water tax; andb. a sewerage tax.

(2) The taxes mentioned
in sub-section (1) shall be levied at such rates as may be prescribed which
in the case of water tax shall not be more than twenty per cent and in the
case of sewerage tax shall not be more than ten per cent of the assessed annual
value of the premises.(3) The Board may, with
the sanction of Government, exempt any local area from the whole or portion
of the water tax and sewerage tax on the ground that such area is not deriving
any or the full benefit from the water supply or sewerage system, or the
Board may remit a portion of such taxes not exceeding one half on the ground
that the premises concerned has remained vacant.Explanation-For the purposes
of this chapter the expression "premises’ shall mean any land or building.
(4) Where water tax or drainage
tax is comprised in the property tax or house tax levied and collected by
the existing authority such existing authority shall reduce the property tax
or house tax by an amount equal to the amount attributable to water tax and
drainage tax.35. Assessment of Annual
value.- For the purposes of section 34 the annual value of the premises shall
be deemed to be the gross annual rent at which they may reasonably be expected
to let from month to month or from year to year less a deduction in the case
of buildings of a ten percent of that portion of such annual rent which is
attributable to the buildings alone apart from their sites and the adjacent
lands occupied as an appurtenance thereto, and the said deduction shall be
in lieu of all allowances for repairs or on any other account whatsoever:Provided that-(a) in the case of-(i) any Government building,
or(ii) any building of
a class not ordinarily let the gross annual rent of which cannot in the opinion
of the Board be estimated,the annual value of the
premises shall be deemed to be six percent of the total of the estimated value
of the premises after deducting for depreciation a reasonable amount which
shall in no case be less than ten percent of the total of the estimated value
of the premises.(b) machinery and furniture
shall be excluded from the valuation under this section.(2) The annual value of
the premises for the purposes of levy of taxes mentioned in section 34 shall
be assessed by such authority as may be prescribed. The Government shall
have power to make rules regarding the manner in which, the person or persons,
by whom and the intervals at which the total of the estimated value of the
premises and the amount to be deducted for depreciation shall be estimated
or revised in any case or class of cases to which clause (a) of the proviso
to sub-section (1) applies.(3) Till such time as
the annual valuation of land and buildings is determined under this Act,
the annual value of land and buildings for the purposes of this Act, shall
be the annual value as assessed by a Municipal Corporation, Municipality,
Panchayat or other like authority.36. Restriction on the
Levy of taxes.- The taxes mentioned in section 34 shall not be levied on
any land exclusively used for agricultural purposes unless water is supplied
by the Board for such purposes to that land.37. Budgets.-(1) The Finance
Director shall, in each year, prepare a revenue budget for the next ensuing
year and the succeeding two years showing the estimated income and expenditure
and place it before the Board for adoption.(2) Every such budget
shall, as far as practicable make provision for the due fulfilment of all
the liabilities of the Board, and for the proper implementation of this Act.(3) Every such budget
shall differentiate between capital and revenue, and capital funds shall not
be used for revenue purposes.(4) Whenever the Board
adopts a development plan under the provisions of this Act, the Finance Director
shall prepare and place before the Board a capital budget covering a period
of five years from the commencement of the plan and such budget may be reviewed
and revised by the Board from time to time.(5) The Finance Director
shall also prepare and place before the Board annually, a cash budget for
the succeeding three financial years.(6) Save as otherwise
provided in this section all budgets shall be in such form, shall contain
such information and shall be prepared by such dates as may be prescribed.(7) The Board shall consider
every budget so laid before it and shall sanction the same, either without
modification or with such modification as it may deem fit.(8) Every such budget,
as sanctioned by the Board, shall be submitted to the Government who may at
any time within one month after receipt of the same,-(a) approve the budget
or(b) disallow the budget
or any portion thereof, and return the budget to the Board for amendment,
and if any budget is so returned to the Board, it shall forthwith proceed
to amend it and shall resubmit the budget as amended to the Government who
may then approve it.(9) The Board may at
any time during the year for which any budget has been sanctioned cause a
revised budget to be prepared and laid before it.38. Balance sheet and
Income and Expenditure Account.-(1) The Balance sheet, income and expenditure
account and statement of sources and application of funds of the Board shall
be prepared in such form and in such manner as may be prescribed.(2) The Board shall cause
the books and accounts of Board to be balanced and closed in year each as
on the thirty first day of March.39. Audit.-(1) The accounts
of the Board shall be audited by an auditor duly qualified to act as an
auditor under sub section(1) of section 226 of the Companies Act, 1956 (Central
Act 1 of 1956) who shall be appointed by the Board with the approval of the
Government and who shall receive such remuneration as the Board may fix 2)
The auditor shall be supplied with a copy of the annual accounts of the board
and it shall be his duty to examine it together with the books and vouchers
relating there to and he shall have a list delivered to him of all books
kept by the board and shall at all reasonable times have access to the books,
accounts, vouchers and other documents of the Board.(3) The auditor may, in
relation to such accounts, examine any past or present director, officer or
other employee of the Board and shall be entitled to require from the Board
or such Director, officer or other employees such information and explanation
as he may think necessary for the performance of his duties.(4) The auditor shall
make a report to the Board upon the annual accounts examined by him and in
every such report he shall state whether in his opinion the accounts exhibit
a true and fair view of the state of affairs of the Board and in case he
had called for any information or explanation from or the Board or any past
or present director, officer or other employee of the Board whether it has
been given and whether it is satisfactory.(5) Without prejudice
to anything contained in the preceeding sub-sections, the Government may at
any time appoint an auditor to examine and report upon the accounts of the
Board and, any expenditure incurred by such auditor in connection with such
examination and report, shall be payable by the Board.

40. Previous sanction
of Government for certain schemes, plans and works . - (1) Except with the
previous sanction of the Government, the Board shall not adopt or execute
any scheme or plan in respect of water works or sewerage works or carry out
any works in connection therewith, if the cost of such schemes, plans or
other works exceeds or is likely to exceed.-

a. One crore of rupees
in the case of replacements, reconstruction, structural alterations, adaptations,
conversions, improved fixtures, fittings and machinery and other works of
improvement not involving extensions, enlargements or additions to existing
works or works previously in use; and

b. seventy-five lakhs
of rupees in the case of new works including extensions, enlargements and
additions to existing works or works previously in use.

(2).Notwithstanding
anything contained in sub-section (1) the Board shall not except with the
previous sanction of the Government adopt or execute any scheme or plan in
respect of water works or sewerage works or carry out any work in connection
therewith if the cost of such scheme, plan or other work is met or to be
met with from the funds provided by the Government.

Notwithstanding anything
contained in sub-sections (1) and (2) the Board may, without the previous
sanction of the Government:-

adopt or execute each
of the component in any World Bank assisted Projects, or other externally
aided projects, for which the Government accorded previous sanction for the
total project cost ;

adopt or execute any
maintenance work in any scheme or plan in respect of water works or sewerage
works irrespective of the cost of such maintenance work

adopt or execute any
scheme or plan with the assistance of any financial institution such as Housing
and Urban Development Corporation, where the fund is not routed through the
Government;

sanction not exceeding
two and half times of the Budget Estimate after deducting the value of the
spill over in respect of Government assisted plan programmes under the Chennai
Transmission and Distribution System.

41. Power to write
off irrecoverable amount. - The Board may write off any amount or sum whatsoever
due or payable to it, if in its opinion, such amount or sum is irrecoverable.

Provided that the
Board shall, before writing off such an amount exceeding twenty-five thousand
rupees, obtain the sanction of the Government.CHAPTER VI

WATER SUPPLY AND SEWERAGE

42. Water supply system
- (1) The Board shall provide or arrange for the provision of a sufficient
supply of drinking water for consumption by the inhabitants of the Chennai
Metropolitan Area.

2. The Board shall,
as far as may be practicable, make adequate provision for securing that the
water supplied for drinking purposes is at all times wholesome and fit for
human consumption.

3. The Board may also
provide or arrange for the provision of a sufficient supply of water for other
domestic or non-domestic purposes except irrigation :

Provided that the
water supplied under this sub-section may different in quality to water supplied
for drinking purposes.

4. The Board may regulate
the hours, quantity and pressure of water supply.

5. No person shall
use water supplied by the Board except as authorised by this Act or any regulation
or other instrument made thereunder.

6. The Board shall
furnish to the Government at such time as the Government may determine reports
on the quality of the water supplied by it or available in the Chennai Metropolitan
Area.

43. Supply of water
to public authorities and payment therefor - (1) The Board may supply water
to the Government, Chennai Port Trust, the Municipal Corporation of Chennai
or any other public or local authority on such terms as to payment and as
to the period and the conditions of supply as may be agreed upon.

2. The Board may,
subject to the payment by an existing authority or other public authority
of such charges as the Board may determine, provide gratuitous supply of
wholesome water to the public within the Chennai Metropolitan Area, and may
erect public hydrants, fire hydrants or other conveniences.

44. Payments for water
supplied under the Act and non-liability of the Board - (1) Except as otherwise
provided in section 43, payment for water supply under this Act shall be made
at such rates, which may be different -

1. for different areas,2. for different types
of consumers,3. for different purposes,as may be prescribed.

2. The Board shall
not be liable to any penalty or damages for cutting off the supply of water,
or for not supplying water, in the case of unusual drought, or other unavoidable
cause or accident, replacements, extensions, or the necessity for relaying
or repairing pipes.

45. Water connections
for domestic consumption and use - (1) The authorised authority shall, on
the application by the owner or occupier of any building or premises, arrange
to supply water thereto for domestic consumption and use if -

a). the building or
premises is within thirty metres of a main of the Board from which water can
be supplied; and

b). the cost of all
works necessary for that purpose shall be borne by the applicant:

Provided that the
authorised authority may arrange for supply even if the building or premises
is beyond thirty metres as aforesaid if the applicant agrees to bear all
costs and expenses and if the supply is otherwise practicable.

2. Whenever it appears
to the authorised authority that any building assessed to an annual value
of not less than three hundred rupees is without a proper supply of water
for domestic consumption and use and that such a supply can be furnished from
a main not more than thirty metres distant from any part of such building,
the authorised authority may by notice require the owner to obtain such supply
and to execute all such works as may be necessary for that purpose at the
cost of the owner.

3. It shall not be
lawful for the owner of any dwelling house assessed at an annual value of
not less than three hundred rupees, to occupy it or cause or permit it to
be occupied until he has obtained a certificate from the authorised authority
that there is provision within or within a reasonable distance of the house
for supply of wholesome water for domestic consumption and use of the inmates
of the house.

4. Where on any land
there are two or more superstructure, the annual value of each of which is
less than three hundred rupees and the owner of the land is not the owner
of all the superstructure the authorised authority may, if it appears to
it that the superstructures are without a proper supply of water for domestic
consumption and use and that a supply can be furnished from a main not more
than thirty metres distant from any part of any such superstructure, by notice,
require the owner of the land to obtain such supply.

5. In any other case,
where any premises are without supply of water for domestic consumption and
use, the authorised authority may arrange for such supply on the application
of the owner and at the owner’s cost or he may by written notice require the
owner to obtain such supply from the Board’s main, and may for that purpose
provide at the owner’s cost such pipes, hydrants, standpipes or posts and
other fittings.

The Board may, subject
to such conditions as it may impose, supply water for any purpose other than
irrigation or domestic consumption or use, on receiving a written application
specifying the purpose for which such supply is required and the quantity
likely to be consumed.

Explanation - -For the purpose of this chapter -

a. supply of water
for domestic consumption and use shall be deemed to include a supply-

i. for flushing latrines
or house-sewers.ii. for all baths other
than swimming baths or public baths;iii. for the consumption
and use of inmates of hotels, boarding houses and residential clubs and for
baths used by such inmates, oriv. for the consumption
or use of persons resorting to theatres and cinemas; and

b. supply of water
for non-domestic consumption and use shall be deemed to include a supply -

i. for any trade,
manufacture or business.ii. for garden,iii. for building purposes.iv. for fountains, swimming
baths, public baths or tanks or for any ornamental or mechanical purpose,v. for animals, when they
are kept for sale or hire, orvi. for washing vehicles
where they are kept for sale or hire.

46. Control over house
and other connections.-(1) All house connections, whether within or without
the premises to which they belong, with the Board’s water supply mains shall
be under the control of the Board, but shall be altered, repaired and kept
in proper order, at the expense of the owner of the premises to which they
belong, or for the use of which they were constructed :

Provided that the
expenses of such alteration, repair on maintenance outside the premises shall
be borne by the Board.

2. All connections
to the mains of the Board for water supply to premises, street hydrants including
fire hydrants and place of public resort and all pipes, taps and other fittings
used for such supply shall be made, maintained and regulated in such manner
and at such charges or fees for connection or reconnection as may be prescribed.

47. Calculation of
charges for water supply - (1) For calculating the amount payable by the owner
for consumption of water supplied by the Board, the Board may determine the
quantity consumed on the basis of reading recorded by a meter installed in
the premises.

2. Where so required
by the Board, meters shall be installed by the owner of the premises concerned
at his cost and for this purpose, the Board shall arrange to supply the meters:

Provided that where
meter has already been installed prior to the commencement of this Act, the
Board may discontinue the recovery of rent or charge therefor, and recover
the value of the meter from the owner.

3. The readings of
the meter indicating the quantity of consumption of water shall be presumed
to be correct unless the contrary is proved.

4. Where meters are
not provided to any premises, or the metres have become faulty or are not
in working condition, the charges until the meters can be provided or until
the meters are repaired or set right for consumption or use of water shall
be such as may be prescribed.

5. If the owner of
any premises having independent and private source of water supply is allowed
by the Board to take sewerage service, he shall be liable to pay for such
service, such amount and on such basis as may be prescribed.

48. Prevention of
wastage of water - (1) No owner or occupier of any premises to which water
is supplied by the Board shall negligently or otherwise suffer such water
to be wasted or shall suffer pipes, taps, works and fittings for the supply
of water to remain out of repair so as to cause wastage of water.

2. No person shall
cause wastage of water provided by the Board by the misuse of public stand-posts
or pipes, drinking fountains or hydrants.

3. Whenever the authorised
authority has reason to believe that as a result of defects in pipes, taps,
or fittings connected with the water supply to any premises, water is being
wasted, it may, by written notice, require the owner of the premises, within
such period as may be specified in the notice to repair and make good the
defects.

4. If such repairs
are not effected within the time specified in the said notice, the authorised
authority may cause such repairs to be made in order to stop wastage. The
cost of such repairs shall be recovered from the owner of the premises as
if it were an arrear of tax, rate or charge provided under this Act.

49. Power to cut off
water supply - (1) Notwithstanding anything contained in this Act, the authorised
authority may cut off the connection between any water works of the Board
and any premises to which water is supplied from such works or may turn off
such supply in any of the following cases, namely :-

a. if the premises
are unoccupied;

b. if after receipt
of written notice from the authorised authority requiring him to refrain from
so doing, the owner or occupier of the premises continues to use water or
to permit the same to be used in contravention of this Act or any other law
or any regulation or other instrument made thereunder;

c. if the owner or
occupier refuses to admit any authorised authority into the premises for the
purposes of making any inspection relating to water supply or sewerage service,
or prevents such authority from making such inspection;

d. if the owner or
occupier of the premises fails to fix or prevents the fixing of a meter as
required by or under the provisions of this Act, or wilfully or negligently
injures or damages the meter or otherwise interferes with any pipe or tap
or main or other work conveying water from any works of the Board;

e. if any pipes, taps,
works or fittings connected with the supply of water to the premises be found
on examination to be out of repair to such an extent as to cause such wastage
of water that immediate prevention is necessary;

f. if by reason of
a leakage in the service pipe or fittings, damage is caused to a public street
and immediate prevention is necessary;

g. if there is any
water-pipe situated within the premises to which no tap or other efficient
means of turning off the water is attached;

h. if house sewers
are maintained without conforming to the provisions of this Act, or such sewers
are not constructed or maintained, when required under this Act;

i. if the owner or
occupier fails to pay within due time any money due to the Board under this
Act, or any regulation or other instruments made thereunder;

j. if there is any
default in complying with any requisition made under this Act, or of any provision
of this Act or any instrument made thereunder is contravened.

Provided that, except
in the case, where by reason of any of the circumstances referred to in clauses
(d) to (g), there is risk of contamination of water, the authorised authority
shall not cut off such connection or turn off such supply unless notice of
not less than twenty-four hours has been given to the owner or the occupier
of the premises as the case may be.

2. No action taken
under or in pursuance of this section shall relieve any person from any penalties
or liabilities which he may otherwise have incurred.

3. The expense of
cutting off the connection or turning off the water-supply and of restoring
the same determined by the authorised authority in any case referred to in
sub-section (1) shall be paid by the owner or occupier of the premises :

Provided that no charge
for such expense shall be made in the case mentioned in clause (a) of the
said sub-section.

4. In cases where
water supply has been cut off pursuant to clause (I) of sub-section (1),
the authorised authority shall restore the water supply as before as soon
as all money due, together with the expenses referred to in sub-section (3),
have been paid by the owner or occupier.5. Where the authorised
authority has cut off or has issued any notice to cut off water supply to
any premises under this section no court or other authority shall issue any
order or direction in the nature of injunction, stay or otherwise except after
giving a reasonable opportunity to the Board of being heard.

50.Control over wells,
etc.-(1) No person shall construct, reconstruct, drill, repair or alter any
well, pond, tank, cistern intended for drinking purposes without the permission
of the authorised authority and the maintenance thereof shall be regulated
in such manner as the Board may determine, including the dimensions of the
well, pond or tank or a cistern, the manner of enclosing it, and the means
which shall be used to prevent pollution of the water.(2) Without prejudice
to the provisions of sub-section (1), the provisions of sections 234, 235,
236, 242, 243, 244 and 245 of the Chennai City Municipal Corporation Act,
1919 (Tamil Nadu Act IV of 1919) shall, so far as may be, apply to wells in
the Chennai Metropolitan Area:Provided that references
in those sections to the Commissioner shall be construed as references to
the authorised authority.51. Control over use,
etc., of underground water in certain cases.- (1) Save as otherwise provided
in section 50, the Board may in the public interest and with the previous
sanction of the Government, regulate, control and charge for existing or future
extraction, conservation and use of underground water in any form for purposes
other than irrigation, in the Chennai Metropolitan Area.(2) Any person desiring
to sink a well or a tube well or to continue existing use of underground water
in the Chennai Metropolitan Area for any purpose other than irrigation shall
apply to the Board for the grant of a licence for the purpose and shall not
proceed with any activity connected with such sinking or continue such existing
use unless a licence has been granted by the Board.(3) Every application
under sub-section (2) shall be made in such form and in such manner and shall
contain such particulars as may be prescribed.(4) On receipt of an
application under sub-section (1) if the Board is satisfied that it shall
be in the public interest so to do, it may grant, subject to the payment
of such fees as may be prescribed and subject to such conditions and restrictions
as may be specified, a licence authorising the abstraction and use of the
ground water:Provided that no person
shall be refused a licence unless he has been given an opportunity of being
heard.(5) In granting or refusing
a licence under sub-section (2), the Board shall have regard to-(a) the purpose or purposes
for which ground water is to be used;(b) the existence of
other competitive users;(c) the availability of
ground water;(d) the effect on other
sources of water supply
(e) the compatibility with existing
water supply system(f ) availability of
factors controlling or preventing pollution.(6) The licence shall
be in such form as may be prescribed.52. Power to order cleansing
of insanitary private watercourse, spring, tank, well, etc., used for drinking.-
(1) The authorised authority may by notice require the owner or person having
control over, any private water-course, spring, tank, well or other place
the water of which is used for drinking purposes to keep the same in good
repair, to cleanse it in such manner as the authorised authority may direct
and to protect it from pollution caused by surface drianage or other matter
in such manner as may be provided in the notice.(2) If the water of any
private tank, well, or other place which is used for drinking is proved to
the satisfaction of the authorised authority to be unfit for that purpose,
the authorised authority may by notice require the owner or person having
control thereof to-(a) refrain from using
or permitting the use of such water for drinking, or(b) close or fill up
such place or enclose it with substantial wall or fence.(3) In default of complaince
with a notice under sub-section (1) or sub-section (2), the authorised authority
shall carry out the work or any other thing to be done thereunder and recover
the cost from the owner or the person having control and the amount thereto
shall be recoverable as if it were an arrear of tax, under this Act.53. Prohibition of building
over water mains.- (1) Without the permission of the authorised authority,
no building, wall or other structures shall be newly erected and no street
shall be constructed over any Board’s water main.(2) If any building, wall
or other structure be so erected or any street be so constructed the authorised
authority may, with the approval of the Board, cause the same to be removed
or otherwise dealt with as it shall appear fit and the expenses thereby incurred
shall be paid by the person contravening the provisions of sub-section(1).(3) Nothing in this section
shall apply to the Central Government.54. Prevention of pollution,
etc.-It shall not be lawful for any person to.-(a) bathe in any tank,
reservoir, conduit, fountain, well or other place set apart by the Board,
or by the owner thereof, for drinking puposes;(b) wash or cause any
animal or thing to be washed in any such place;(c) throw, put or cause
to enter into the water in any such place, any animal or thing whereby the
water may be fouled or polluted;(d) cause or allow to
drain into or upon any such place or cause or suffer anything to be brought
there into or do anything whereby the water may be fouled or polluted; or(e) do, or cause to be
done, anything which fails to comply with such requirement as may be prescribed
for the purpose of preventing any pollution in the vicinity of any source
of water supply used for purposes of drinking, bathing or washing clothes.

Sewerage.

Sewerage system.-(1) As
far as practicable, the Board shall construct and maintain sewers and provide
a safe and sufficient system of sewers in or for the Chennai Metropolitan
Area, for the purpose of effectual discharge of sewerage of the said Area.

(2) The power of the
Board under sub-section (1) shall include the power to-(a) enlarge, arch-over
or otherwise improve any of its sewers; or(b) discontinue, close
or destroy any of its sewers which has in its opinion become useless or unnecessary;
or(c) construct any new
sewer in the place of an existing sewer in any land wherein any of its sewers
has already been lawfully constructed or repair or alter any sewer so constructed.56. Sewer connections.-
(1) The authorised authority shall, on the application of the owner of occupier
of any premises or the owner of a private street, arrange for the applicant’s
house-sewer or other sewer in the private street to empty into a sewer of
the Board if-(a) there is a sewer
of the Board within thirty metres of the nearest point from such premises
or property;(b) the owner or occupier
agrees to bear all cost and expenses of the work and materials necessary for
that purpose; and (c) the owner or occupier
complies with such conditions and requirements as may be prescribed.(2) If there is a public
sewer or other place set apart by the Board for the discharge of the sewage
within a distance not exceeding thirty metres of the nearest point on any
premises, or if within such distance, a Board’s sewer or other place for
the discharge of sewage is about to be provided or is in the process of construction,
the authorised authority may-(a) by notice direct
the owner of the said premises to construct a sewer leading therefrom to such
sewer or place and to execute all such works as may be necessary at such
owner’s expense, or (b) cause to be constructed
a sewer leading from the said premises to such Board’s sewer or place and
cause to be executed all such works as may be necessary:Provided that-(i) not less than fifteen
days before constructing any sewer or executing any work under clause (b),
the authorised authority shall give notice to the owner of the nature of
the intended work and the estimated expenses recoverable from the owner;
and(ii) the expenses incurred
by the authorised authority in constructing any sewer or executing any work
under clause (b) shall be recoverable from the owner in such instalments as
the Board may deem fit and recoverable in the same manner as tax under this
Act.(3) If any premises
is in the opinion of the authorised authority without sufficient means of
effectual sewerage, but no part thereof is situated within thirty metres of
a Board’s sewer or other place set apart by the Board for the discharge of
sewage, the authorised authority may, by notice, direct the owner of the
said premises to contruct a closed cess-pool (or other sewage, disposal plant)
of such material, dimensions and description in such position and at such
level as the authorised authority thinks necessary and to construct a sewer
or sewers emptying into such cess-pool and to execute all such works as may
be necessary.(4) It shall not be
lawful for the owner of any building to occupy it or cause or permit it to
be occupied until he has obtained a certificate from the authorised authority
that the said building is provided with such means of sewerage as appear
to the authorised authority to be sufficient.57. Power to provide
sewers in combination.-(1) When the authorised authority is of opinion that
any group or block of premises any part of which is situated within thirty
metres of a Board’s sewer already existing (or about to be provided or in
the process of construction) may be provided with sewer more economically
or advantageously in combination than separately, the authorised authority
may, with the approval of the Board cause such group or block of premises
to be so provided by such method as appears to the authorised authority to
be best suited therefor and the expenses incurred by the authorised authority
in so doing shall be paid by the owners in such proportions as the Board
may deem fit and shall be recoverable in the same manner as tax, under this
Act.(2) Not less than fifteen
days before any work under this section is commenced, the authorised authority
shall give written notice to the owners of-(a) the nature of the
intended work;(b) the estimated expenses
thereof; and(c) the proportion of
such expenses payable by each owner.(3) The owners for the
time being of the several premise, constituting a group or block provided
with sewers under sub-section (1) shall be the joint owners of every sewer
constructed, or fixed, or continued for the special use and benefit only of
such premises and shall, in the proportion in which it is determined that
they are to contribute to the expenses incurred by the authorised authority
under sub-section (1) be responsible for the expense of maintaining every
such sewer in good repair and efficient condition.58. Power to close or
limit the use of existing private sewers-(1) Where a sewer connecting any
premises with a Board’s sewer or other place set apart by the Board for the
discharge of sewage is sufficient and is otherwise unobjectionable, but is
not, in the opinion of the authorised authority adopted to the general sewerage
system of the area, or of the part of the area in which such sewer is situated,
the authorised authority with the approval of the Board, may-(a) subject to the provisions
of sub-section (2) close, discontinue or destroy the said sewer and do any
work necessary for that purpose; or(b) direct that such
sewer shall, be used for sewage only, or for water unpolluted with sewage
only, and may construct at the cost of the Board an entirely distinct drain
either for water unpolluted with sewage or for sewage.(2) No sewer may be
close, discontinued or destroyed by the authorised authority under clauses
(a) and (b) of sub-section (1) except on condition of his providing another
sewer as effectual for the premises and communicating with a Board’s sewer
or other place aforesaid and the expense of the construction of any sewer
so provided by the authorised authority and of any work done shall be paid
by the Board.59. Control over house-sewers,
privies and cess-pools.- (1) All house sewers whether within or without the
premises to which they belong, and all septic tanks, cess-pools within the
test Chennai Metropolitan Area shall be under the control of the Board, but
shall be altered, repaired and kept in proper order, at the expense of the
owner of the premises to which the same belong or for the use of which they
were constructed.(2) Where the owner
or occupier has failed to pay any tax, rate or charge for sewerage or to pay
any sums due under sub-section (5) of section 47, or under section 56 or
57, the authorised authority may, after giving written notice of fifteen
days to such owner or occupier, disconnect any sewer so as not to permit
such sewer to empty into the Board’s sewer.60. Closure, removal,
etc., of works in certain case.- (1) If any house-sewer, ventilation shaft
or pipe, cess-pool, house-gully, privy, urinal or bathing or washing place
in any premises is found on examination and inspection by the authorised authority
to be not in good order or condition, or constructed in contravention of
any of the provisions of this Act or any regulation or instrument made thereunder,
the authorised authority may by written notice require the owner of the premises-(a) to close or remove
the same or any encroachment there-upon; or(b) to renew, repair,
cover, recover, trap, ventilate, pave and pitch, flush or cleanse or take
such other action as it may think necessary in this regard.(2) In any such case,
the authorised authority may, forthwith and without notice,-(a) close or demolish
any house-sewer by which sewage, offensive matter or polluted water is carried
through, from, into, or upon any premises in contravention of any of the
provisions of this Act or any regulation or instrument made thereunder; or (b) clear, cleanse,
or open out any house-sewer which is choked, blocked or in any way obstructed.And all expenses incurred
in so doing shall be paid by the owner or the occupier of the premises.61. Sewers, etc., to
conform to regulations.- (1) Sewers, septic tanks, cess-pools, privies and
urinals and all appurtenances thereof shall be constructed, maintained, repaired,
altered and regulated in accordance with such requirements as to sewerage
as may be prescribed.(2) No owner or occupier
shall allow the water of any sink, drain or latrine or drainage from any stable,
or place, or any other filth to run down on, or to or be put upon, any street,
or into any sewer in or along side of any street except in such a manner
as shall prevent any avoidable nuisance from any such filth soaking into
the walls or ground at the side of the said sewer.General

62. Obligations of
owner and occupier.-(1) When under the provisions of this Act, the owner of
any premises may be required to carry out any work, the occupier of the said
premises may be required, instead, to carry out such work and the occupier
shall be bound to comply with the requirement:Provided that except in
the case of a special agreement to be contrary, such occupier may deduct the
amount of the expenses reasonably incurred or paid by him in carrying out
such work from the rent or any other amount payable by him to the owner or
may recover the same from the owner by moving the court of competent jurisdiction.(2) The owner and occupier
of the premises shall be jointly and severally liable for payment of all
the sums referred to in sections 44, 45, 46, 47, 48, 49, 56 and 57.63. Board’s power to
carry pipes, sewers, etc., and to maintain works.-The Board or the authorised
authority may carry any pipe, main, sewer or channel of any kind to establish
or maintain any system of water supply or sewerage, through, across, under,
over or up the side of any land or building, and may place and maintain contrivances
to support pipes, mains, sewers and channels, and may do all acts necessary
or expedient for repairing or maintaining any such pipe, main, sewer or channel
or contrivances in an effective manner for the purpose for which it is intended
to be used or for removing the same:Provided that such work
shall be done so as to cause the lease practicable nuisance or inconvenience
to any person:Provided further that
the Board shall pay compensation to any person who sustains damage by the
exercise of such power.64. Work beyond the Chennai
Metropolitan Area.-The Board may, in the execution and for the purposes of
any works beyond the limits of the Chennai Metropolitan Area, exercise all
the power which it may exercise within that area throughout the line of territory
through which conduits, channels, pipes, works and the like run or are situated,
and over any lake, reservoir or other source from which a supply of water
for the use of that area is derived, and over all lands at a distance not
exceeding one kilometre beyond the high water-level of any such lake or reservoir,
and over any lands used for sewage farms, sewage disposal tanks, filters
and other works connected with the sewerage of that area.65. Vesting of materials
in pipes, sewers, etc., and Board’s power to dispose off same.-All things
or materials in, or caused to be carried into or by, the Board’s mains, pipes,
or sewers, as the case may be, shall be the property of the Board and it
shall be lawful for the Board to treat or reclaim such things or materials
and to put to use or dispose off, the same, as so treated or reclaimed or
otherwise, in such manner as it may deem fit.66. Power to carry out
works, remove encroachments, sell unclaimed materials, etc.-(1) It shall
be lawful for the Board-(i) to carry out any work
required to be carried out under this Act or any regulation or other instrument
made thereunder, which the owner or occupier or other person responsible
therefor has failed to carry out and recover the cost and expenses therefor
from the owner or occupier;(ii) to remove any material,
construction, obstruction or encroachment which is deposited or made in contravention
of any provision of this Act or any regulation or other instrument made thereunder;(iii) to clear materials,
trees, shrubs, plants and other things which have been taken down or cut pursuant
to any provision of this Act or any regulation or other instrument made thereunder;(iv) to treat any unauthorised
encroachment on Board’s land as encroachment on Government land and have,
such encroachment removed, and any person causing the encroahment evicted
under the Tamil Nadu Land Encroahment Act, 1905 (Tamil Nadu Act III of 1905)
and the provisions of the said Act shall apply to encroachment in Board’s
land as they apply to encroahcment in Government land.(2) The authorised authority
may sell any material or other thing removed, taken down or cut as aforesaid,
and after first applying the proceeds in or towards payment of the expenses
incurred, pay the surplus accruing from such sale to the owner or other person
entitled thereto on demand made within twelve months from the date of sale,
provided that, if no such demand is made, such surplus shall be forfeited
to the Board.67. Power to enter upon
land, etc., and to place and maintain mains, etc.-(1) For the purposes referred
to in sub-section (2), it shall be lawful for the authorised authority with
or without assistants and workmen,-(a) to enter into or
upon any land or building, or to take level of any land or to obtain access
to or to execute any work;(b) to enter any land
for depositing thereon any soil, gravel stone or other materials connected
with any work authorised by or under this Act;(c) to enter into upon
any immovable property and to place and maintain mains, pipes, sewers and
other installations upon, along, across or under any such property;(d) to enter into any
place and to open or cause to be opened any door, gate or other barrier if
such opening is considered necessary by the authorised authority, or if the
consent of the owner or occupier is refused or if the owner of occupier is
absent;(e) to dig or bore into
the sub-soil;(f) to take levels and
make boundaries, by placing marks and cutting trenches;(g) to cut down and clear
away any part of any standing crop, fence or plant; and (h) to issue orders for
temporarily closing to traffic any street in order to carry out any repair
or work connected with water supply or sewerage.(2) The purposes relevant
for any action under sub-section (1) are-(a) carrying out any survey
or inspection under the provisions of this Act;(b) examining, repairing,
altering or removing main pipes, sewers and other installations;(c) constructing or executing
any work authorised by or under this Act;(d) ascertaining whether
there has been any contravention of any provisions of this Act or any regulations
or instrument made thereunder;(e) making any inquiry,
inspection, examination, measurement valuation or survey authorised or required
by or under this Act, or necessary for the proper administration of this
Act; or(f) generally for discharging
efficiently the functions entrusted to the Board under this Act,(3) The Board shall not
acquire any title to, or any right other than user, to the land, building
or immovable property (other than property belonging to the Board) in respect
of which any action has been taken under this section, and before commencing
any action under this section, the authorised authority shall except in the
case of an emergency give not less than twenty four hours notice in writing
of its intention to do so to the owner or occupier:Provided that the authorised
authority shall, except in the case of an emergency, obtain the prior permission
of the authority concerned where the land, building, or immovable property
is owned by and is in the possession of such authority.(4) While exercising any
power conferred under this section the authorised authority shall cause as
little damage as possible to any property and the Board shall pay compensation
to all persons interested in any such property for any damage sustained by
them in consequence of the exercise of such power.

68. Works to be done
by licensed plumber - (1) Except as otherwise permitted by the Board, no person
other than a licensed plumber shall execute any work under this act and no
person, shall permit any such work to be executed except by a licensed plumber. 2. The Board shall prescribe
the manner, the principles and procedure for licensing of plumbers, the charges
to be levied for any work done by them, the guidelines to be followed by
them, the cancellation of licences and for all matters connected with plumbing.

69. Prohibition of
certain acts - No person shall -(a) Obstruct any person
including any contractor, contractor’s workman and any agent of the Board,
in the discharge of the duties imposed by or under this Act;(b) obstruct, impede,
impair or tamper or interfere or cause any damage or injury to or with any
water works or sewerage works or any meter, apparatus or appliance, including
the flow of any water or sewage;(c) take or utilise any
water except as authorised by or under this Act;(d) occupy or cause or
permit to be occupied, any dwelling house or premises not provided with or
having no access to adequate supply of wholesome water;(e) occupy, or cause or
permit to be occupied, any building or premises not having sufficient means
of sewerage;(f) discharge any sewage
except as authorised by or under this Act;(g) pull up or remove
any pillar, post or stake or mark placed under the authority of the Board;(h) tresspass or enter
or land vested in the Board along which a conduit, main or pipe runs, and
on any premises connected with water supply and sewerage except with the permission
of the authorised authority;(i) erect or place any
fence or building or other structure over any pipes or mains belonging to
the Board or under, in or across any sewer belonging to the Board.

CHAPTER VII

TRIBUNAL, APPEALS AND
REVISOIN

70. Constitution of
Tribunal - (1) The Government may constitute a Tribunal for the purposes of
this Act.

(2) The tribunal shall
consist of one person who shall be a judicial officer not below the rank of
Subordinate Judge.(3) The tribunal shall
have the same powers as are vested in a civil court under the Code or Civil
Procedure, 1908 (Central Act V of 1908).(4) The tribunal may,
with the previous sanction of the Government, appoint such officers and servants
as it considers necessary for carrying on its business and the remuneratoin
and other conditions of service of such officers and servants shall be determined
by the Government.(5) The Tribunal shall
have the power to regulate its own procedure in respect of the making, hearing
and conducting the appeals referred to in sub-section (1) of Section 71.

71. Appeals - (1)
Any person aggrieved by any decision or determinatoin-

(i) fixing the rate
of water tax or sewerage tax or demanding the payment of such tax under the
provisions of this Act; or(ii) fixing the annual
value of premises under Section 35, or(iii) refusing a licence
under Section 51, may within thirty days from the date of communication of
such decision, determination levy or notice prefer an appeal to the Tribunal.(2) In disposing of an
appeal, the Tribunal may, after giving the appellant an opportunity of making
his representations, confirm or reduce or enhance the rates of tax or confirm
or reduce or enhance the annual value, or confirm the refusal or direct the
grant of a licence, or pass such other orders, including consequential orders,
as it may deem fit.72. When appeals can be
heard and finality of rates, etc.- (1) No appeal against the levy or demand
of water tax or sewerage tax shall be heard by the Tribunal unless the water
tax or sewerage tax as fixed or demanded and due by the applicant has been
paid to the Board.

(2) Unless and until
altered on appeal, the water tax and sewerage tax shall be as determined by
the Board and the annual valuation shall be as assessed under Section 35.(3) The annual value fixed
under Section 35 against which no appeal has been made under this Act, and
the amount of every sum claimed from any person under this Act on account
of any tax against which no appeal has been preferred under this Act, and
the decision of the tribuinal upon any appeal under this act shall be final
and shall not be called in question in any court of law.

73. Revision - The
Board may call for the records of any proceedings of, or other action taken
by, the authorised authority, for the purpose of satisfying itself as to the
legality or propriety of any order or proceeding or other action and may
pass such orders as it may deem fit.

CHAPTER VIII

MISCELLANEOUS

74. Board’s dues to
be recovered as arrears of land revenue - Any sum due to the Board on account
of any tax, rate, charge, cost, expenses, fee, rent or on any other account
under this Act or any regulation or other instrument made thereunder may,
without prejudice to any other mode of recovery, be recovered from any person
from whom such sum is due -

a) as if it were an
arrear of land revenue; orb) on application to
any Judicial Magistrate of the first class or Metropolitan Magistrate, by
such magistrate as if it were a fine imposed by him.

75. Duties of authorities,
etc., to assist the Board - (1) All public and local authorities or institutions
shall render such help and assistance and furnish such information to the
Board as the Board may require for carrying out its purposes and shall make
available to the Board for inspection and examination such records, maps,
plans, assessment rolls and other documents as may be necessary for the discharge
of its functions and on payment of such fees as may be fixed by the Government.

2. It shall be the
duty of all police officers and employees of the Board to give immediate information
to the authorised authority about the commission of, or the attempt to commit,
any contravention of this Act or any regulation or other instrument made
thereunder and to assist the authorised authority in the exercise of its
lawful authority.

76. Directors, etc.
to be deemed public servants - (1) All directors, officers and employees of
the Board shall be deemed, when acting or purporting to act in purusuance
of the provisions of this Act or any regulations or instrument made thereunder,
to be public servants within the meaning of section 21 of the Indian penal
Code (Central Act XLV of 1860).(2) The words "State Government
and "Government" in Section 161 of the Indian Penal Code (Central Act XLV
of 1860) shall for the purposes of sub-section (1) be deemed to include the
Board.

77. Offences and Penalities
- Whoever contravenes any of the provisions of this Act or of any regulation
or other instrument made thereunder shall be punishable with imprisonment
which may extend to six months or with fine which may extend to one thousand
rupees or with both and in addition, in the case of a continuing contravention,
with additional fine which may extend to fifty rupees for every day during
which such contravention continues after conviction for the first such contravention.78. Offences by companies
- (1) Where an offence against any of the provisions of this Act or any rule
made thereunder has been committed by a company, every person who at the
time of the offence was committed was in charge of and was responsible to
the company for the conduct of the business of the company as well as the
company shall be deemed to be guilty of the offence and shall be liable to
be proceeded against and punished accordingly : Provided that nothing
contained in this sub-section shall render any such person liable to any punishment,
If he proves that the offence was committed without his knowledge or that
he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding
anything contained in sub-section (1), where any such offence has been committed
by a company and it is proved that the offence has been committed with the
consent or connivance, of, or is attributable to any neglect on the part
of, any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer, shall be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished
accordingly.

Explanation - For the
purposes of this section -

a) "Company" means
any body corporate and includes a firm, society or other association of individuals;
and b) "director" in relation
toi) a firm, means a partner
in the firm.

a society or other association
of individuals, means the person who is entrusted under the rules of the society
or other association, with the management of the affairs of the society or
other association, as the case may be.

78A – Removal of disqualification – No person shall be disqualified for being
chosen as , or for being , a Member of Legislative Assembly or of the Legislative
Council by reason only of the fact there is a Chairman or a Director of the
Board.

78-B – Power of Government to issue orders and directions to the
Board or Local Authorities .

The Government may issue to the Board or to the Local Authority
concern, such orders and directions as in their opinion, are necessary or
expedient for carrying out the purposes of this Act and the Board such Local
Authority, as the case may be, shall give effect all such orders and directions.

79. Power to remove
difficulties - If any difficulty arises in giving effect to the provisions
of this Act, the Government may, by notification make such provision, not
inconsistent with the provisions of this Act as may appear to them to be necessary
or expedient for removing the difficulty: Provided that no such
notification shall be issued after the expiry of one year from the date of
establishment of the Board under Section 3.

80. Power to make
rules - The Government may make rules to carry out the purposes of this Act.

81. Power to make
regulations -

(1) The Board may make
regulations not inconsistent with this Act for carrying out the purposes
of this Act. (2) In particular and
without prejudice to the generality of foregoing power, such regulations may
provide for all or any of the following matters, namely:-

a)the time and place
of the meeting of the Board or of any committee and the procedure to be followed
at such meetings including the quorum necessary for the transaction of business;b) the functions and duties
of the committees and whole-time directors and the delegation of powers to
committees, directors, officers and other employees of the Board;c) the method of recruitment,
the qualifications, the pay, the duties and other terms and conditions of
service of officers and employees and the constitution and management of
provident fund and other superannuation funds;d) the provision of an
official seal of the board and the manner and effect of its use;e) the manner and form
in which contracts binding on the Board may be executed;f) the relations of the
Board with the local and public authorities.g) the date by which,
the form and the manner in which the Board’s budgets, balance sheet and income
and expenditure account and other accounts shall be prepared and the information
to be contained in such budgets and accounts;h) the conditions subject
to which the Board may borrow moneys, grant loans or advances, or invest
its funds which are not for the time being required for the transaction of
its business;i) provision of such funds
and reserve as may be required.j) the manner of and the
basis on which taxes shall be levied, the manner of and determining consumption
of water, the charges therefor, the rent or other amount of charge for meters,
and the time, place and manner of payment of taxes, rates, charges and surcharges,
fees, rents and other amounts;

jj) the manner of and the basis on which the infrastructure developments
charges shall be collected; k) making, maintaining
and regulating connections for the supply of water and fees for connection
and re-connection;l) the terms and amount
payable for connection of house-sewers, for construction, maintenance and
repairs and alteration of sewers or joint or common connections of sewers,
and the basis of levying the charge for providing for sewerage service without
water supply;m) matters to be complied
with in relation to the sanction of building plans or other plans or schemes
containing provisions for water-supply or sewerage;n) the conditions and
requirements for extraction and use of underground water, regulation and
control of wells, including tubewells, and the principles or criteria and
the procedure, for grant of permit to sink a well or tube well;o) the manner of treatment
of trade effluents and to regulate the discharge thereof;p) generally the efficient
conduct of the affairs of the Board;

Provided that in making
regulations regarding any of the matters specified in clauses (f), (h), and
(n) the previous sanction of the Government shall be obtained.82. Applications of certain
provisions of Tamil Nadu Act 4 of 1971 - The provisions of sections 52, 53,
54 and subsection (1) of section 57 and sections 59, 60, 62, 63, 64, 66 and
67 of the Tamil Nadu Water Supply and Drainage Board Act 1970 (Tamil Nadu
Act 4 of 1971), shall as far as may be, apply to or in relation to the Board,
its functions, affairs and activities, as they apply to or in relation to
the Tamil Nadu Water Supply and Drainage Board, its functions, affairs and
activities.83. Application of certain
provisions of Tamil Nadu Act III of 1939 - (1) The Board shall be deemed
to be a local authority or urban local authority for purposes of sections
17 to 21, 24, 27 to 30 of the Tamil Nadu Public Health Act, 1939 (Tamil Nadu
Act III of 1939);

1. Provided that any
power that may be exercised by the Government, the Collector or any other
officer under those sections in relation to anything to be done by or affecting
the Board shall be exercised only by such officer as may be specifially designated
in that behalf by the Government.2. The Municipal Corporation
of Chennai or any other existing authority being a municipal council or a
township committee or a panchayat union council or a panchayat in the Chennai
Metropolitan Area shall not with effect from the relevant notified date,
be regarded as a local authority or an urban local authority for purposes
of carrying out any function or obligation imposed or any power conferred
under Chapter III and IV of the Tamil Nadu Public health Act, 1939 (Tamil
Nadu Act III of 1939);3. With effect from the
notified date in relation to the Municipal Corporation of Chennai, the words
"water and" where they occur for the first time in sub-section (2)(5) of
Section 25A the Tamil nadu Public Health Act, 1939 (Tamil Nadu Act III of
1939) shall be omitted;

84. Effect of other
laws - (1) Save as otherwise provided in this Act or in any notification issued
by the Government under Section 85 no existing authority shall notwithstanding
any law governing its constitution or establishment, have any function or
power in respect of water supply and sewerage service in or for the a Chennai
Metropolitan Area or any matter relating to which such function or power
has been entrusted to the Board under this Act.

(2). Without prejudice
to the generality of the foregoing provision, any existing authority being
the Chennai Municipal Corporation or a municipal council, township committee,
panchayat union council or panchayat constituted or established under the
Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919),
the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920),
or the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) shall
cease to have jurisdiction in respect of water supply or sewerage services
in or for the Chennai Metropolitan Area with effect from the notified date
and shall not---

a. have any right,
title or claim to any water works or sewerage works, intended or maintained
exclusively for the purpose of the Chennai Metropolitan Area;b. have any power, function
or responsibility for providing water- supply or sewerage service for that
area or undertake or require any construction or other work in connection
therewith except as otherwise provided in this Act;c. sanction any scheme,
plan or works of improvement or development including building regulations
or provisions regulating or controlling factories, dairies, slums, cheris,
rutting grounds or markets for water supply or sewerage in the said area;d. regulate or control
the use, construction, reconstruction, repair and closure of wells, ponds
and tanks except in so far as such regulation or control relates to the avoidance
of injury or danger to the public, to nuisance or in sanitary conditions
or to the protection of public health;e. have any power or
duty in respect of offences and penalities therefor in so far as they relate
to any matter connected with water-supply and sewerage;f. have any power to
levy or collect any water-tax except as otherwise provided in this Act;g. have any power or
function in respect of the framing of any rule, regulation or by-law regarding
any of the matters referred to in this section.

3. The provisions
of this Act or any regulation or other instrument made thereunder shall have
effect notwithstanding anything to the contrary contained in any other law
for the time being in force or any contract, custom or usage.

85. Amendments to
other enactments and savings---1) (a) On and from the
date approved under sub-section (1) of section 26, the enactments specified
in parts I to III of the Schedule shall be amended in the manner directed
therein in respect of an area which forms part of or the whole area over which
the Chennai City Municipal Corporation, a municipal council, a town panchayat
or village panchayat, or a township committee constituted under any law for
the time being in force,as the case may be, has jurisdiction and the provisions
of the Chennai city municipal Corporation Act ,1919 (Tamil Nadu Act IV of
1919 ), the Tamil Nadu district Municipalities Act, 1920 (Tamil Nadu Act
V of 1920 ) or the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of
1958 ), as the case may be, shall continue to apply to such area subject
to the modifications specified in Part I, II or III of the schedule, as the
case may be.

(b) The enactments
specified in Parts IV to VII of the schedule shall be amended in the manner
directed therein with effect from such date as the Government may, by notification,
appoint in this behalf.

2) Notwithstanding
the amendments specified in the Schedule to this act and any other Provision
of this Act, an existing authority shall continue to have all the powers
it had before the notified date applicable to it, for the purpose of recovering
from any persons any arrears of water tax or other rate relating to water
-supply whether such tax or rate is payable as part of property tax or otherwise,
or any other dues pertaining to water supply or Sewarage payable by such
person in respect of anything done relating to the period prior to such notified
date.

3) The existing authority
concerned shall be responsible for recovering the arrears and other dues
referred to in sub section ( 2) as expeditiously as practicable and shall
pay over the amounts so recovered to the board after deducting there from
such collection charges as may be mutually agreed between the board and the
existing authority.

86. Service how to
be effected. - When any notice, bill or other document is required by or under
this act or regulations made thereunder to be served upon , or presented
to any other person such service, or presentation shall be effected -( a ) by giving or tendering
the said document to such person, or

( b ) if such person
is not found, by leaving such document at his last known place of abode,
or by giving or tendering the same to some adult member or servant of his
family ; or

( c ) if his address
elsewhere is known , by forwarding such document to him by registered
post under a cover bearing the said address ; or

( d) if none of the
means aforesaid is available by causing a copy of such document to be affixed
on some conspicious part of the land or the building , if any, to which the
document relates.87. Application of act
on extention of Chennai Metropolitan Area - If on any date after the commencement
of this Act the Chennai Metropolitan Area as at such commencement is extended
by the addition of territories, the provisions of sections 25 to 30 shall
with effect from such date, apply mutatis mutandis in the territories so added
and in respect of all matters covered by those sections and the other provisions
of this Act shall apply accordingly.

88. Rules and notifications
to be placed before the legislature (1) (a) All rules made
under this act shall be published in the Tamil Nadu Government
Gazette and unless they are expressed to come into force on a particular day
which they are so published.

(b) All Notifications
issued under this Act shall, unless they are expressed to come into force on
a particular day, come into force on the day on which they are published.(2) Every Rule or Notification
made or issued under this Act shall as soon as possible after it
is made or issued, be placed on the table of both Houses of the legislature
and if before the expiry of the session in which it is so placed or the
next session, both Houses agree in making any modification in such rule or
Notification or both Houses agree that the rules or Notification should not
be made or issued, the rule or Notification shall thereafter have effect
only in such modified form or be of no effect as the case may be, so however
that any such modification or amendment shall be without prejudice to the
validity of anything previously done under that rule or Notification.

(2) in section 3,
after clause (10), the following clause shall be inserted , namely :- (10-A ) "drain" means
a drain or storm water drain and water tables,chutes and the said drain exclusively
meant to drain away the rain water falling on the surface of any street,
bridge or causeway, but does not include a drain or sewer within the meaning
of the Chennai Metropolitan Water-supply and Sewerage Act, 1978.(3) in section 16, the
world figures and brackets " 169 (2) 178 (2) and (3), 179, 180 shall be omitted (4) in section 99, in
sub-section (1),-(i) in cause (b) the words
" water and " in two places where they occur shall be omitted (ii) in the proviso, the
words " water and " the words water works and the remainder shall be deemed
to be levied in respect of " shall be omitted;(5) in section 102 - (i) in clause (a), the
proviso the words the "water and" and the words" water-supply and" shall
be omitted, (ii) in clause (b) in
the proviso in sub-clause (I), the words "water and" shall be omitted.(6) in section 190, the
words ‘or’ shall be omitted;(7) in section 191,
the words the words " or with the house connection of any other person"
shall be omitted(8) in section 193, in
subsection (2) the words "and over any lake or reservoir from which a supply
of water for use of the city is derived, and over all lands at a distance
not exceeding one mile beyond the high water level of any such lake or reservoir",
and the words" sewage farms,sewage disposal tanks, filters and other" shall
be omitted; (9) in section 203, in
sub-section (1), the words "sewers" and in sub section (2) thereof the word
"sewer" shall be omitted.(10) in section 213,"
water supply" shall be omitted(11) in section 216 in
sub section (1) in clause (c ) the word "sewering" shall be omitted
- (12) in section 218, in
sub section ( 1), the word "sewered" shall be omitted;(13) in section 230 in
sub section (3) - (i) in clause (i) the
word "cess- pools" shall be omitted.(ii) clause (j) shall
be omitted(iii) for clauses (k)
and (l) , the following clause shall be substituted namely :-(k)" restrictions on the
use of inflamable materials in building" (14) in section 247, for
the words " so far as may be apply to wells "the words and figures
"not apply to water works and sewarage works within the meaning of the Chennai
Metropolitan Water supply and sewarage Act, 1978" shall be substituted;(15) in section 256, in
sub section (1) and in section 256-A in sub-section (1) the words"
or well" whereever they occur shall be omitted ;(16) in section 256, in
sub sections (1) and (2) the word " drinking" shall be omitted (17) in section 256, in
sub section (2), the word" water supply" shall be omitted. (18) in sections 349,
-(i) clause (3) shall be
omitted;(ii) sub-clauses (b) to
(f) of clause (5) shall be omitted (iii) clause (7) shall
be omitted(iv) in clause (12), the
words" and connecting them with municipal drains" shall be omitted,(v) in clause (15) the
words "and water supply" shall be omitted.(19) in section 366, in
sub section (1) - (a) in clause (a)(i) the figures" 178"
shall be omitted (ii) the words "house
drainage or the connection of house - drains with municipal drains, or house
connections with municipal water-supply or" shall be omitted; (b)in clause (
c ) the figures "262" shall be omitted.(20) in section 383, in
clause (a), the words and figures" section 168, section169, section
177,section 178 ,section 179" shall be omitted.(21) in rule 30 of schedule
IV clause clause (a) shall be omitted;(22) in rule 3 of schedule
V, in clause (b), the words "of sewage farms and all works for
the removal or disposal of sewage " and the words "of water works,
drinking fountains, tanks and wells" shall be omitted; (23)in schedule
VII and VIII the entries in column (1) relating to sections 166, 168,169,177,178,180,181,262
and 268 and the corresponding entries in columns
(2) ,(3) and (4) there of shall be omitted.

PART II

In the Tamil Nadu Disitrict
Municipalities Act, 1920 (Tamil Nadu Act V of 1920)(1) sections 125 to 135,
138 to 142, 223, 231 and 307 shall be omitted ;(2) in section 3, clause
(8-A) shall be relettered as clause (8-AA) and before clause
(8-AA) as so relettered, the following shall be inserted, namely:- "( 8-A) ‘drain’ means
a drain or storm water drain and water tables, chutes and
the side drain exclusively meant to drain away the rain water
falling on the surface of any street, bridge or causeway, but
does not include a drain or sewer within the meaning of
the Chennai Metropolitan water supply and sewerage Act, 1978."(3) in section 39, in
sub-section (3), the words "water supply" shall be omitted,(4) in section 81, in
sub section (1),-

(i) in clause (b),
the words " water and " "water or " shall be omitted

(ii) in the first
proviso, the words " water and " and the words "water works and the remainder
shall be deemed to be levied in respect of " shall be omitted;(5) in section 83,-

(i) in sub-section
(2), the words "water and " and the words" water or " shall be omitted; (ii) in sub-section (3),
the words " water and " and the words" water supply and " shall be omitted; (6) in section 150, the
words " water supply " shall be omitted;(7) in section 15
in sub-section (1), the words " or with the house connection of any other
person" shall be omitted;(8) in clauses(8) (a)
and (b) of sub-section (2) of section 152, the words " for drinking " shall
be omitted;(9) in section 172, the
words" water supply " shall be omitted;(10) in clause ( c )
of sub- section (1) of section 176, the word "sewering " shall be omitted;(11) in clause (j) of
sub - section (3) of section 191, (a) the words" cesspools"
shall be omitted;(b) clause (I) shall be
omitted;

(12) in section 207
for the words "so far as may be apply to a well’, the words "not apply to
water works and sewarage works within the meaning of the Chennai Metropolitan
water supply and sewarage act, 1978 " shall be substituted,(13) in Sub-section (
1 ) of section 216, the words" or well" shall be omitted (14 ) in section 226,-(a) in the marginal heading
, the words" used for drinking" shall be omitted,(b) in sub sections (1)
and (2), the word "drinking" shall be omitted (15) in sub section (3)
of section 262 the word "water supply " shall be omitted.(16) in section 306,-(i) clause (3) [except
sub-clause (b)] shall be omitted,(ii) sub-clauses (b) to
(f) of clause (5) shall be omitted;(iii) clause (7) shall
be omitted,(iv) in clause (12) the
words " and connecting them with municipal drains " shall be omitted;(v) in clause (15) the
words "and water supply " shall be omitted;

17. in sub-section
(1) of section 322,---

i) in sub-clause (I)
of clause (a) , the figures "131, 139" shall be omitted;ii) in sub-clause (ii)
of clause (a) , the words "house drainage and the connection of house drains
with municipal drains or House connection with municipal water supply or
" shall be omitted;18. in sub-section (1)
of section 340, the words and figures "subject to the provisions of section
139" shall be omitted;19. in rule 39 of Schedule
IV , in clause (c) , the words "of sewage farms and all works for the removal
or disposal of sewage; or water-works, drinking fountains, tanks and wells"
shall be omitted;20. in Schedule VII, the
entries relating to sections 127, 130,131,138,139,140,142,and 223 and the
entries relating there to in columns (2) to (4) thereof shall be omitted;21. in Schedule VIII,
the entries relating to sections 130, 131,138,139 and 140 and the entries
relating thereto in columns (2) to (4) thereof shall be omitted;

PART IIIIn the Tamil Nadu Panchayats
Act 1958 (Tamil Nadu Act XXXV of 1958),-1. after clause (8) of
section 2, the following shall be inserted, namely:-

" (8-A) ‘drain’
means a drain or storm water drain and water tables, chutes and the side
drain exclusively meant to drain away the rain water falling on the surface
of any street, bridge or causeway, but does not include a drain or sewer
within the meaning of the Chennai Metropolitan Water Supply and Sewerage
ACt, 1978";

2. in section 63,-

i) in clause (c) ,
after the word "sullage"’ the words " not including sewage" shall be inserted;ii) in clause (g) , the
words "and of protected water for drinking purposes" shall be omitted;3. to clause (j) of section
64, the following proviso shall be added namely:- " Provided that nothing
in this clause shall apply to water supply for non-irrigation purposes and
sewerage.";4. to section 67, the
following proviso shall be added, namely:- "Provided that nothing
in this section shall apply to water supply for non-irrigation purposes and
to sewerage.";

5. in section 68,--a) in the marginal heading,
the words "water works and" shall be omitted;b) in clause (i) the words
" and of protected water for drinking purpose" shall be omitted;6. in section 76:-i) in sub-section (1)
, the word "sewers" shall be omitted;ii) in sub-section (2)
, the word "sewers" shall be omitted;

(1) after section 69,
the following section shall be inserted, namely:-

"69-A. Scope of
Housing or improvement Schemes- Notwithstanding anything contained in sections
35 to 69, the Board or any other authority referred to in this Act shall
have no power, function or responsibility for making provision in any housing
or improvement scheme. Or executing or carrying out any work thereunder,
in respect of water supply or sewerage services or anything connected therewith
in the Chennai Metropolitan Area within the meaning of the Chennai metropolitan
water supply and sewerage act, 1978,and If any such scheme is in process
of being executed in relation to that area on the coming into force of this
section , the board shall continue and complete such execution in accordance
with section 27 of the afore- said Act."

(2) After section
78, the following section shall be inserted namely :-

" 78- A Apportionments
of betterment fee in certain cases :-

Where any betterment
fee is levied or recovered under the provisions of this chapter in respect
of any land in the Chennai Metropolitan Area within the meaning of the Chennai
Metropolitan Water supply and Sewerage Act 1978, and if any such or any part
thereof in relation to provision for or improvement of water supply or sewerage
services or matters connected therewith the both shall pay over the Chennai
Metropolitan water supply and Sewerage board constituted under the afore-
said Act such fee or part there of:

Provided that if there
is any doubt or dispute about the amount to be so paid over the matter shall
be referred to the Government whose decision thereon shall be final.

Part V

In the Tamil Nadu Water
Supply and Drainage Board Act 1970 (Tamil Nadu Act 4 of 1971)1) in the long title after
the words the "State of Tamil Nadu" the words" except the Chennai Metropolitan
Area" shall be inserted.2) In clause (7) of section
2, sub – clause (I) shall be omitted;3) In sub section (1)
of section 4,for clause (d) the following shall be substituted, namely "(d) a whole-time
director of the Chennai Metropolitian Water Supply and Sewerage Board constituted
under the Chennai Metropolitan Water Supply and Sewerage Act 1978, nominated
by that Board, Ex-Officio"
4) After section 11, the following
section shall be inserted namely :- "11A
- Common service cadre for employees of Board and the Chennai Metropolitan
Water Supply and Sewerage Board - Notwithstanding anything contained in this
Act or in any other law for the time being in force or in any contract or
other instrument, the Board may, with the concurrence of the Chennai Metropolitan
Water Supply and Sewerage Board constituted under Chennai Metropolitan Water
Supply and Sewerage Act, 1978, establish common service cadres and service
conditions for the staff employed by either Board and there upon such staff
shall be liable to be posted or transferred to the service of either Board: provided that no employee
of an existing authority as defined under the aforesaid Act and appointed
under section 20 of that Act, shall be transferred or posted to the service
of the Board except with his consent;

(5) after section 27
the following section shall be inserted namely :- "27-A Exclusion of schemes
for Chennai Metropolitan Area –Notwithstanding anything contained in this
Act, the Board or any other Authority referred to in this Act shall have
no power, function or responsibility for investigation, preparation or execution
of any scheme (a)in relation to the
Chennai Metropolitan Area within the meaning of the Chennai Metropolitan Water
Supply and Sewerage Act ,1978 on and from the date on which the assests and
liabilities of the Board are transferred under section 26 of that Act, and
; .

(b) for or for the
benefit of, a local authority (being an existing authority within the meaning
of the aforesaid Act) in the said area, on and from the date on which the
assets and liabilities of such local authority are transferred under section
26 of that Act : Provided that works in
progress within the meaning of Explanation to section 27 of the said Act
shall be continued and completed by the Board in accordance with that section.

Part VIIn the Tamil Nadu Slum
Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act 11 of 1971),- (1) in section 35, in
sub-section (1), the following proviso shall be added, namely :- " Provided that one of
the whole-time directors of the Chennai Metropolitan Water Supply Board constituted
under the Chennai Metropolitan Water Supply and Sewerage Act, 1978, specified
in this behalf by that Board shall be appointed as a member under this section
". (2) for section 69, the
following section shall be substituted, namely:- " 69. Applicability and
effect of this Act – (1) Notwithstanding anything contained in this Act,
the Board or the prescribed Authority or any authority referred to in this
Act shall have no power, function or responsibility for the planning or providing
for water supply or sewerage facilities, or for any matter connected therewith,or
carrying out any work in relation thereto, in the Chennai Metropolitan Area
within the meaning of the Chennai Metropolitan Water Supply and Sewerage
Act 1978 , and if any such plan or work is being carried out or executed
in relation to that area on the date of coming into force of this section,
the Board or any other authority, as the case may be, shall continue and
complete such plan or work in accordance with Section 27 of Chennai Metropolitan
Water Supply and Sewerage Act, 1978.(2) Save as otherwise
provided in this Act, the provisions of this Act and the rules made thereunder
shall have effect Notwithstanding anything inconsistent therewith contained
in any other law for the time being in force or any custom, usage or contact
or any decree or order of a Court or other Authority.

PART VII

In the Tamil Nadu Town
and Country Planning Act, 1971 ( Tamil Nadu Act 35 of 1972),-(1) in sub-section (2)
of section 9-A after clause (g), the following clause shall be inserted,
namely :- " (h) a whole –time director
of the Chennai Metropolitan Water Supply and Sewerage Board constituted under
the Chennai Metropolitan Water Supply and Sewerage Act, 1978,nominated by that board
Ex-officio;"

(2) after section 9-D,
the following section shall be inserted ,namely :-" 9-E Relation with the
Chennai Metropolitan Water Supply and Sewerage Board- (1) Notwithstanding
anything contained in this Act, the Chennai Metropolitan Development Authority
shall fully consult and collaborate the Chennai Metropolitan Water Supply
and Sewerage Board constituted under the Chennai Metropolitan Water Supply
and Sewerage Act, 1978 with respect
to any provision regarding water supply or sewerage services and matters
connected therewith that may be included in any development plan prepared
or to be prepared under this Act for the Chennai Metropolitan Planning Area
or any part thereof.2. With respect to any
such development plan, the execution of or the carrying out of any work under
such plan shall, in so far it relates to water supply or sewerage service
or matters connected therewith, be entrusted to and be the sole responsibility
of the Chennai Metropolitan Water Supply and Sewerage Board, and if any
work under such plan is in the process of being executed or carried out on
the date of coming into force of this section, the Chennai Metropolitan Development
Authority shall continue and complete such work in accordance with section
27 of the Chennai Metropolitan Water Supply and Sewerage Act, 1978".

(3) after section
63, the following section shall be inserted namely – "63- A Apportionment of
development charges in certain cases – where any development charges levied
or recovered under the provisions of this Chapter in respect of the use or
change of use of land or building or development of any land or building
in the Chennai Metropolitan Planning Area, and if any such charge or any
part thereof is relatable to provision for or improvement of water supply
or sewerage service, the Chennai Metropolitan Development Authority shall
pay over to the Chennai Metropolitan Water and Sewerage Board constituted
under the Chennai Metropolitan Water Supply and Sewerage Act, 1978, such
charge or part thereof Provided that if there
is any doubt or dispute about the amount to be paid over, the mater shall
be referred to the Government whose decision thereon shall be final(4) in section III -a) subsections (1) and
(2) shall be renumbered as subsections (2) and (3) respectively ;b) before sub section
(2) as so renumbered the following shall be inserted namely-
"(1) The Provisions of this Act
shall be read subject to the provisions of the Chennai Metropolitan Water
Supply and Sewerage Act, 1978"c) in subsection (2) as
so renumbered, after the words " in any other law" the words, "custom, usage
or Contract" shall be inserted.d) In sub-section (3)
as so renumbered, for the word, "notwithstanding " the words "subject to
the provisions of sub-section (1), "but notwithstanding" shall be substituted.